The court affirmed that offences under Section 138 of the Negotiable Instruments Act are compoundable, allowing withdrawal of complaints when the complainant is satisfied.

Registry to accept vakalatnama of learned advocate Mr.

Chirag B. Aydi, who has instructions to appear for respondent No.2. By way of present petition under Articles 14 and 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (For short “CrPC”), the petitioner has requested to pass appropriate order converting Non Bailable Warrant into Bailable Warrant issued by the learned 3rd Additional Civil Judge & JMFC, Himatnagar, District Sabarkantha in connection with Criminal Case No.491 of 2024 on appropriate terms and conditions.

Heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat. Learned advocate for respondent No.2 – complainant has stated under the instructions from the respondent No.2 that respondent No.2 has received the entire amount and is ready and willing to withdraw the complaint / proceedings pending before the learned 3rd Additional Civil Judge & JMFC, at Himatnagar, District Sabarkantha and even he has tendered an application for insisted for presence of petitioner before the learned trial Court as Non Bailable Warrant has been issued against the present petitioner.

Respondent No.2 has also filed an affidavit dated 06.05.2024, which is taken on record, stating that he has received the full amount in question.

It is needless to say that offence under Section 138 of the Negotiable Instruments Act, 1881 is compoundable one and private complaint being filed by respondent No.2 and he is ready and willing to withdraw the complaint.

In view of the above, learned 3rd Additional Civil Judge & JMFC, at Himatnagar, District Sabarkantha is directed to accept the purshis withdrawing the Criminal Case No.491/2024 and recall the Non Bailable Warrant issued against the petitioner.

With aforesaid direction, present petition is disposed of.