NEUTRAL CITATION
R/CR.RA/1034/2023 ORDER DATED: 11/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1034 of 2023
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VIPINKUMAR VINUBHAI PATEL
Versus
RAVAL VIJAY JAYSINGBHAI
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR BUKHARI for the Respondent(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 11/08/2023
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of the respondent - State and Mr. Bukhari, learned advocate waives service of Rule on behalf of the respondent no.1.
2. Challenge is given to the concurrent findings of conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.
3. Learned advocate for the applicant submitted that during the pendency of the proceedings, parties have settled the disputes amicably Page 1 of 4 Downloaded on : Sun Sep 17 01:14:36 IST 2023 NEUTRAL CITATION R/CR.RA/1034/2023 ORDER DATED: 11/08/2023 undefined outside the Court, and that there remains no grievance between them.
4. Respondent no.1-Raval Vijay Jaysingbhai is present before the Court and is identified by learned advocate Mr. Bukhari. Mr. Bukhari seeks permission to file Vakalatnama. Registry to accept the same. The learned advocate for the complainant states that the complainant has received the entire amount as agreed between the parties and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The complainant also filed an affidavit to that effect.
5. Since the entire amount has been received by the complainant and the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may Page 2 of 4 Downloaded on : Sun Sep 17 01:14:36 IST 2023 NEUTRAL CITATION R/CR.RA/1034/2023 ORDER DATED: 11/08/2023 undefined require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 Criminal Procedure Code, 1973 (CrPC) as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the entire amount has been paid to the complainant, in consonance with the object of the NI Act and the provisions under Section 147 thereof, the matter is considered as compounded.
6. In aforesaid view of the matter, the judgment and order passed by the learned Trial Court of conviction and sentence for the offence punishable under Section 138 of the NI Act, as affirmed by the learned Appellate Court, are quashed and set aside. The applicant stands acquitted.
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NEUTRAL CITATION R/CR.RA/1034/2023 ORDER DATED: 11/08/2023 undefined
7. Accordingly, the present application stands disposed of in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(GITA GOPI,J) Maulik Page 4 of 4 Downloaded on : Sun Sep 17 01:14:36 IST 2023