Ruhi Food Product vs State Of Gujarat

                                                                           NEUTRAL CITATION




    R/CR.RA/452/2023                         ORDER DATED: 18/08/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 452 of 2023
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                       RUHI FOOD PRODUCT
                              Versus
                        STATE OF GUJARAT
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Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1,2
MS VAIBHAVI D RAVAL for the Respondent(s) No. 2
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI
                  Date : 18/08/2023
                   ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent - State and learned Advocate Ms. Vaibhavi D. Raval waives service of Rule on behalf of the respondent no.2.

2. Challenge is given to the concurrent findings of conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to in short as 'the N.I. Act').

3. Learned Advocate for the applicant submitted that during the pendency of the proceedings, parties have settled the disputes amicably outside the Court, and that there remains no grievance between them.

NEUTRAL CITATION R/CR.RA/452/2023 ORDER DATED: 18/08/2023 undefined

4. The respondent No.2 - Sorathiya Dineshbhai Batukbhai - the original complainant is present before the Court today and is identified by learned advocate Ms. Vaibhavi D. Raval. Learned Advocate Ms. Vaibhavi D. Raval seeks permission to file Vakalatnama. Registry to accept the same.

5. Learned Advocate for the respondent no.2-original complainant states that the complainant has received the total cheque amount and the complainant also affirms the facts stated in the Affidavit. The complainant does not want to pursue the matter now in view of amicable settlement and has given his consent for compounding the offence.

5. Since the 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 N.I. Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the Page 2 of 3 Downloaded on : Sun Sep 17 01:41:55 IST 2023 NEUTRAL CITATION R/CR.RA/452/2023 ORDER DATED: 18/08/2023 undefined specific provision under Section 147 of the N.I. Act, 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 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/s stand acquitted. The applicant/s be released from jail forthwith.

7. The present application stands disposed of in the above terms. Rule is made absolute. Direct service is permitted.

Sd/-

(GITA GOPI, J) CAROLINE Page 3 of 3 Downloaded on : Sun Sep 17 01:41:55 IST 2023