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HIGH COURT OF GUJARAT
HDS
MUKESHBHAI CHANDANPURI GOSWAMI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
HASMUKH D. SUTHAR, J.
1. RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.
2. Mr. Prashant Sharma, learned advocate submits that he has instructions to appear on behalf of the original complainant and he produced an affidavit on behalf of the complainant stating that the complainant has no objection if the proceeding is quashed. The affidavit is taken on record.
2.1 Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
3. By way of this application under Section 397 (section 438 of BNSS) read with Section 401 (section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short “CrPC”), the applicant has prayed for quashing and setting aside the order dated 11.09.2024 passed by the learned Judicial Magistrate, Palanpur in Criminal Case No.1599 of
The court quashed the conviction under Section 138 of the N.I. Act due to the amicable resolution of the dispute, emphasizing the compoundable nature of the offence.
A compoundable offence under the Negotiable Instruments Act can be resolved amicably, allowing for the quashing of conviction upon settlement, subject to costs.
Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.
The court emphasized the necessity for the complainant to prove a legally enforceable debt under the N.I. Act, allowing interim relief and bail pending revision.
The court emphasized the necessity for the complainant to prove a legally enforceable debt in dishonor of cheque cases, granting interim relief due to insufficient evidence.
The complainant must prove the existence of a legally enforceable debt for conviction under Section 138 of the N.I. Act, and the applicants successfully rebutted the presumption of guilt.
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