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HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
ASHVINBHAI S. KANDOI – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
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. 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 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short “ BNSS ”) read with section 442 of BNSS, the applicant has prayed for quashing and setting aside the order dated 06.02.2023 passed by the learned 10th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.37204/2019, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short “NI Act”) and sentenced to undergo SI of one year and also directed to pay cheque amount to the original complainant as compensation. The said order
Compoundable offences under the Negotiable Instruments Act can be settled amicably, allowing for quashing of convictions upon resolution.
A compoundable offence under the Negotiable Instruments Act can be resolved amicably, allowing for the quashing of conviction upon settlement, subject to costs.
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.
The court may quash criminal proceedings if there is an amicable resolution between the parties, preventing abuse of process of law.
Compounding of offences should not be denied in cases related to negotiable instruments to promote the efficacy of banking operations and ensure credibility in transacting business through cheques.
The court held that the failure of the complainant to prove a legally enforceable debt justified the suspension of the applicant's sentence pending revision.
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