CR.MA/1271/2007 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION No. 1271 of 2007 With CRIMINAL MISC.APPLICATION Nos. 1274 of 2007 To CRIMINAL MISC.APPLICATION No. 1277 of 2007 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= SHRI K.G. PATEL PROPRIETOR - Applicant Versus SHRI PAVAN BANSAL & 3 - Respondents ========================================================= Appearance : MR RR MARSHALL for Applicant. MR YN RAVANI for Respondent : 1. MR MAULIK G.NANAVATI, APP for Respondents : 2-4 ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 13/10/2008 CR.MA/1271/2007 2/6 JUDGMENT ORAL JUDGMENT 1. Criminal Misc.Application No.1271 of 2007 is filed by the petitioner-original accused for quashing and setting aside the Criminal Case No.734 of 2004 pending in the Court of learned JMFC, 1st Court, Surat for the offences under Section 138 of the Negotiable Instruments Act filed by the respondent No.1 herein- original complainant. 1.1 Criminal Misc.Application No.1274 of 2007 is filed by the petitioner-original accused for quashing and setting aside the Criminal Case No.735 of 2004 pending in the Court of learned JMFC, 1st Court, Surat for the offences under Section 138 of the Negotiable Instruments Act filed by the respondent No.1 herein-original complainant. 1.2 Criminal Misc.Application No.1275 of 2007 is filed by the petitioner-original accused for quashing and setting aside the Criminal Case No.736 of 2004 pending in the Court of learned JMFC, 1st Court, Surat for the offences under Section 138 of the Negotiable Instruments Act filed by the respondent No.1 herein-original complainant. CR.MA/1271/2007 3/6 JUDGMENT 1.3 Criminal Misc.Application No.1276 of 2007 is filed by the petitioner-original accused for quashing and setting aside the Criminal Case No.737 of 2004 pending in the Court of learned JMFC, 1st Court, Surat for the offences under Section 138 of the Negotiable Instruments Act filed by the respondent No.1 herein-original complainant. 1.4 Criminal Misc.Application No.1277 of 2007 is filed by the petitioner-original accused for quashing and setting aside the Criminal Case No.738 of 2004 pending in the Court of learned JMFC, 1st Court, Surat for the offences under Section 138 of the Negotiable Instruments Act filed by the respondent No.1 herein-original complainant. 2. Shri R.R.Marshall, learned Senior Advocate has appeared on behalf of the respective applicants- original accused in each of the applications, Shri Yogesh Ravani, learned advocate has appeared on behalf of original complainant in each of the applications and Shri Maulik G.Nanavati, learned APP CR.MA/1271/2007 4/6 JUDGMENT has appeared on behalf of the State in each of the applications. 3. When all these applications came to be heard finally, the learned advocates appearing on behalf of the respective parties i.e. original accused and original complainant have jointly submitted that both the parties have compromised and the original accused has paid the amount involved in each of the complaint to the complainant, and therefore, it is requested to compound the offence and to dispose of the aforesaid Criminal Misc.Applications. 4. Shri Yogesh Ravani, learned advocate has appeared on behalf of the original complainant has produced on record the purshis dated 8.10.2008 requesting this Court to compound the offence and to dispose of the aforesaid Criminal Misc.Applications. 5. Considering Section 174 of the Negotiable Instruments Act, notwithstanding anything contained in the Criminal Procedure Code every offence punishable under the Negotiable Instruments Act shall CR.MA/1271/2007 5/6 JUDGMENT be compoundable. In view of the above and considering the submissions made by the learned advocates appearing on behalf of the respective parties and the purshis submitted by Shri Ravani, learned advocate appearing on behalf of the original complainant and signed by learned advocates appearing on behalf of both the parties seeking permission to compound the offence and to dispose of all the Criminal Misc.Applications as the accused have paid the amount to the complainant, both the parties original complainant and the accused are permitted to compound the offence under Section 138 of the Negotiable Instruments Act for which the criminal cases have been filed, and consequently all the aforesaid Criminal Cases No. 734 of 2004, 735 of 2004, 736 of 2004, 737 of 2004 and 738 of 2004 pending in the Court of learned JMFC, 1st Court, Surat, are ordered to be compounded, and accordingly the same are hereby quashed and set aside. Accordingly, all these applications are disposed of as the offence under Section 138 of the Negotiable Instruments Act is compounded. Rule is made absolute accordingly in each of the applications. CR.MA/1271/2007 6/6 JUDGMENT ( M.R. SHAH, J. ) syed/