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Judgment
S.H.Vora, J
Rule. Learned APP waives service of notice of rule for the respondent – State and learned advocate Mr. Shekhawat waives service of rule for respondent No.2 – original complainant.
When the matter is called out for hearing, respondent No.2 – original complainant Harishbhai Jathak is present along with his advocate Mr. MH Shekhawat. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No.2 – original complainant files an affidavit which is ordered to be taken on record.
After verifying voluntary character of the compromise, it is hereby declared that the compromise arrived at between the parties to this litigation out of the Court is accepted as genuine and the order of conviction and sentence dated 2.5.2018 passed by the learned Principal Judicial Magistrate, Ahwa below Exh.44 in Criminal Case No.313 of 2014 and confirmed vide order dated 31.7.2019 passed by the learned 3rd Ad hoc Additional District and Sessions Judge, Navsari in Criminal Appeal No.3 of 2018 both are hereby quashed and set aside as this Court intends to secure ends of justice as provided under Section 482 of the Code of Criminal Procedure.
In view of this, the applicant shall not be under obligation to serve the remaining sentence and the applicant shall be treated as acquitted on account of compounding of offence with the complainant.
In light of the decision rendered by the Honble Apex Court in the case of Damodar S. Prabhu V/s. Sayed Babalal H. reported in AIR 2010 SC 1907, the applicant is required to pay 15% of the cheque amount by way of cost with the High Court State Legal Services Committee in accordance with the guidelines laid-down in the said decision. In para 17 of the said decision, the Honble Apex Court has also observed that the Court can reduce the costs with regard to the specific facts and circumstances of the case. In the instant case, the applicant suffered imprisonment after conviction and also she is a widow and aged about 41 years, therefore, to meet the ends of justice, the applicant is directed to deposit 10% of the cheque amount with the High Court Legal Services Committee.
Accordingly, the present application stands allowed subject to payment of 10% of the cheque amount of Rs.1,40,000/-, which comes to Rs.14,000/-, by the applicant with the High Court Legal Services Committee within one month from today. Rule is made absolute to the aforesaid extent. Direct service permitted.
In view of disposal of captioned Criminal Revision Application, Criminal Misc. Application for regular bail does not survive and stands disposed of accordingly.