IMPORTANT POINTS
(1) Offence of dishonour of cheque is fully compoundable.
(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.

ORDER (ORAL)

Vaibhavi D. Nanavati, J.—The present application is filed by the applicant under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to in short as ‘the Code’), seeking the following reliefs:-

“7b This Hon’ble Court may be pleased to quash and set aside the impugned judgment and order dated 31.12.2019 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Mehsana passed in Criminal Case No.1813 of 2019, under Section 138 of the Negotiable Instruments Act, 1881;

c. Pending admission and hearing of the present application, this Hon’ble Court may be pleased to stay the operation, execution and further proceedings of the impugned judgment and order dated 31.12.2019 passed by the learned 4th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Mehsana passed in Criminal Case No.1813 of 2019, under Section 138 of the Negotiable Instruments Act, 1881.”

2. The brief facts of the case as stated in the application are reproduced hereinbelow:-

2.1. The applicant issued a cheque dated 29.11.2018 bearing no.088494 amounting to Rs.9,00,000/- drawn on Axis Bank, Naranpura Branch in favour of the original complainant and on deposition of the same, the cheque came to be dishonored on 05.12.2019 with notings that ‘Account Closed’ and the concerned bank informed the original complainant on 15.01.2019 as stated by the complainant. After issuance of notice, the original complainant instituted Criminal Complaint No.1813 of 2019 for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short “the NI Act”).

2.2. The learned trial court vide order dated 31.12.2019, convicted the applicant imposing one year Simple Imprisonment and also directed the applicant to pay compensation to the original complainant to the tune of Rs.13,50,000/-, in default to which, further imprisonment of six months was directed.

2.3. The original complainant thereafter instituted Criminal Appeal for enhancement of sentence along with Criminal Misc. Application (stamp) No.8069 of 2020, for Leave to appeal under Section 378 of the Code.

2.4. Subsequent thereto, with the intervention of prestigious people of society and friends and relatives, the applicant and the respondent no.2-original complainant arrived at a settlement/compromise and the same has also been reduced in writing in form of affidavit filed by original complainant dated 21.12.2020.

3. Learned advocate Dr.Venugopal Patel appearing for the applicant has submitted that the dispute and grievances have been amicably resolved between the parties and in connection whereof, settlement affidavit dated 09.03.2020 has also been executed and the same has also been produced before the High Court in Criminal Misc. Application (stamp) No.8069 of 2020. Thus, he submitted that the impugned judgment and order and further proceedings in that regard, may be quashed and set aside.

4. Learned advocate Shri Digant Popat appearing for Respondent No.2 supports the submission made by Ld advocate for the applicant and states that the dispute between the parties is resolved amicably.Respondent no.2 has received the outstanding cheque amount from the applicant and the Respondent No.2 does not wish to continue with the proceedings initiated against the applicant and the same be quashed since the dispute does not survive anymore.

5. Learned advocate Dr.Venugopal Patel has placed reliance on the judgments of the Court in the case of Narottambhai Karshandas Nanda V/s. State of Gujarat, 2011(0) GLHEL-HC-224758, in the case of Kirpalsingh Pratapsingh Ori V/s. Salvinder Kaur Hardisingh Lobana & Anr., 2004 (2) GLH 544, judgment of the Apex Court in the case of Damodar S. Prabhu V/s. Sayed Babalal H., (2010) 5 SCC 663 and various orders of the Court passed in Criminal Misc. Application No.5235 of 2010 with Criminal Revision Application No.368 of 2009, Criminal Revision Application No.479 of 2011 and Crimin