The court has the power to quash and set aside a conviction order under Section 138 of the Negotiable Instrument Act if the matter is settled between the parties and the amount has been paid to the complainant.

ORDER

1. Rule. learned APP and Learned advocate Mr.Kartikey Kanojiya waive service of notice of rule on behalf of the respondent No.2-State and respondent No.1- original Complainant respectively.

2. This application has been filed challenging the order dated 01.02.2023 passed by the learned Additional Chief Judicial Magistrate, Surat in Criminal Case No.46991 of 2022 under Section 138 of the Negotiable Instrument Act whereby, the learned Additional Chief Judicial Magistrate was pleased to impose sentence of one year simple imprisonment and compensation of Rs.1,00,000/-.

2. Learned advocate Mr.Sagar D. Vaghasiya for applicant No.1 states that matter is settled between the parties and the amount has already been paid to the complainant and, therefore, he prayed to quash the judgment and order of conviction dated 01.02.2023 passed by the learned Additional Chief Judicial Magistrate under Section 138 of the N.I.Act.

3. On the other hand, learned advocate Mr.Kartikey states at bar that he has instruction to appear on behalf of respondent No.1 - complainant and had filed the affidavit stating that he had received the amount of cheque and dispute is now amicably settled between the parties and he had no objection, if this revision application is allowed and judgment and order of conviction dated 01.02.2023 is set aside.

4. Considering the submission made by the learned advocates of the respective parties, this court deem is fit to allow this application by quashing and setting aside the impugned judgment and order of conviction dated 01.02.2023.

5. The present applicant is directed to deposit the amount of Rs.15,000/- pursuant to the judgment passed by the Hon’ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H reported in 10 5 SCC 663 before the Legal Service Authority, High Court of Gujarat within a period of 2 weeks from today. The amount deposited with the appellate Court NEUTRAL CITATION R/CR.RA/745/2024 ORDER DATED: 03/06/2024 undefined i.e., 25% of the amount of cheque is permitted to be withdrawn by the applicant. the present Revision Application is allowed accordingly. Rule made absolute to the aforesaid extent.