NEUTRAL CITATION
R/CR.MA/14642/2023 ORDER DATED: 19/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 14642 of 2023
In
R/CRIMINAL REVISION APPLICATION NO. 1056 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 1056 of 2023
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TUSHARBHAI NAGARBHAI PANCHASAR (PATEL)
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 19/08/2023
ORAL ORDER
Order in Criminal Misc. Application
1. Advocate Mr. Maulik M.Soni stated that delay of 26 days occurred in filing the revision application since after the judgment and order of conviction and sentence, the parties propose to settle, but since the applicant could not make provisions for the total amount, the revision Page 1 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023 NEUTRAL CITATION R/CR.MA/14642/2023 ORDER DATED: 19/08/2023 undefined application could not be preferred, and, therefore delay has occurred in preferring the revision application.
2. Considering the averments made in the application and as the delay is sufficiently explained and in view of the facts and circumstances of the case, the delay of 26 days caused in filing the revision application is condoned. The application is allowed.
3. Let the Criminal Revision Application be listed today itself.
Order in Criminal Revision Application
1. Draft amendment is granted.
2. Heard Advocate Mr. Maulik M.Soni, for the applicant, Advocate Mr. Chirag Aydi appears on behalf of original complainant. The Vakalatnama of Advocate Mr. Chirag be accepted. Page 2 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023
NEUTRAL CITATION R/CR.MA/14642/2023 ORDER DATED: 19/08/2023 undefined
3. Rule. Learned APP waives service of notice of Rule on behalf of the respondent - State and Mr. Chirag Aydi, learned advocate waives service of notice Rule on behalf of the respondent no.2. By consent Rule is fixed forthwith.
4. Advocate Mr. Maulik Soni submitted that the applicant is before this Court since the trial proceeding against him has been conducted ex parte and the judgment has not been on merits and for the execution of the sentence, warrant has been issued, and, therefore against that order the applicant is before this Court; and in the meantime, Advocate Mr. Maulik M.Soni, submitted that the parties have settled the disputes and total cheque amount has already been paid and there are no grievances remain to be resolved, and, thus the prayer is made before this Court under section 147 of the N.I. Act for Page 3 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023 NEUTRAL CITATION R/CR.MA/14642/2023 ORDER DATED: 19/08/2023 undefined compounding of offence.
5. The legal heir on record of Respondent no.2, Narendrasinh Devusinh Chauhan is present before the Court, who is identified by learned advocate Mr. Chirag Aydi. The legal heir of respondent no.2 - original complainant, affirms the fact in the affidavit and states that he has received full amount of cheque over and above the cost, and, thus urged to compound the offence.
6. Since the amount the total cheque amount has been received by the legal heir of complainant and has given his 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 require the consent of the aggrieved for compounding the offence, however, the specific provision under Page 4 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023 NEUTRAL CITATION R/CR.MA/14642/2023 ORDER DATED: 19/08/2023 undefined 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 legal heir of original complainant, in consonance with the object of the N.I. Act and the provisions under Section 147 thereof, the matter is considered as compounded.
7. In aforesaid view of the matter, the judgment and order passed by the learned Chief JMFC Court Planpur at Banskantha in Criminal Case No.2422 of 2018 dated 24.04.2023 for the offence punishable under Section 138 of the NI Act, is quashed and set aside.
8. Accordingly, the present application stands disposed of in the above terms. Rule is Page 5 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023 NEUTRAL CITATION R/CR.MA/14642/2023 ORDER DATED: 19/08/2023 undefined made absolute to the aforesaid extent. Direct service is permitted.
(GITA GOPI,J) Pankaj Page 6 of 6 Downloaded on : Sun Sep 17 01:49:49 IST 2023