A compoundable offence under the Negotiable Instruments Act can be resolved amicably, allowing for the quashing of conviction upon settlement, subject to costs.

ORDER :

(HASMUKH D. SUTHAR, J.) 

[1.0] 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.

[2.0] 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.

[3.0] 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 27.04.2023 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad, in Criminal Case No.63628/2018, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of 1 year and also directed to pay Rs.1,40,000/- as compensation. The said order was assailed before the learned Additional Sessions Judge, City Civil & Sessions Court, Ahmedabad, in Criminal Appeal No.291/2023. The said appeal came to be dismissed vide order dated 21.01.2025 and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.

[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue. The applicant has already paid an amount i.e. Rs.20,000/- before Appellate Court. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.

[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application may be rejected.

[6.0] Learned advocate for the Original Complainant Mr. Kunal Chandiramani has received instructions to appear on behalf of the original-complainant. He is permitted to file appearance before the Registry.

[6.1] Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for original complainant also relied upon the afÏdavit filed by the original complainant who is also personally present in person before the Court and is identified by learned advocate for the original complainant. The afÏdavit sworn by the original complainant is taken on record. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicant and the original complainant is resolved and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.

[7.0] At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter and in this regard, afÏdavit of original complainant has been placed, which is taken on record. The contents of the afÏdavit is also admitted by the original complainant. Even complainant has remained present before this Court and stated that she has received a demand draft of Rs.1,00,000/- from the applicant and she has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.

[8.0] Considering the fact that the dispute is settled between the parties and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated st