NEUTRAL CITATION
R/CR.RA/1048/2023 ORDER DATED: 19/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1048 of 2023
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JOSHI SHAMALBHAI DALPATBHAI
Versus
STATE OF GUJARAT
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Appearance:
MS RIYA A PATEL(12951) 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
1. The learned advocate for the applicant has submitted the draft amendment. Amendment is allowed in terms of the draft. Necessary amendments be carried out accordingly.
2. Challenge in this revision application at the instance of the applicant - accused is given to the concurrent findings of the learned Courts below of conviction and sentence for the offence punishable Page 1 of 4 Downloaded on : Sun Sep 17 01:49:51 IST 2023 NEUTRAL CITATION R/CR.RA/1048/2023 ORDER DATED: 19/08/2023 undefined under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
3. Learned advocate Mr. Hardik Brahmbhatt appears for the respondent No. 2 - original complainant. He shall file his appearance, if yet not filed, which shall be accepted.
4. Rule. Learned advocates for the respective respondents waive service.
5. Learned advocate Mr. Barot with Ms. Riya Patel for the applicant states that the applicant is in jail and with the assistance of the family members, total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - Trivedi Rashmikant Gaurishankar - original complainant is present before the Court and is identified by learned advocate Mr. Brahmbhatt. The learned advocate for the respondent No. 2 - original complainant states that the complainant has received the total cheque amount and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent Page 2 of 4 Downloaded on : Sun Sep 17 01:49:51 IST 2023 NEUTRAL CITATION R/CR.RA/1048/2023 ORDER DATED: 19/08/2023 undefined for compounding the offence. The complainant has filed on record an affidavit to that effect.
6. Since, the total cheque 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 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 total cheque 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.
7. In aforesaid view of the matter, the judgment and order passed Page 3 of 4 Downloaded on : Sun Sep 17 01:49:51 IST 2023 NEUTRAL CITATION R/CR.RA/1048/2023 ORDER DATED: 19/08/2023 undefined 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. The present revision application is allowed in the above terms.
7.1 Applicant - Joshi Shamalbhai Dalpatbhai is reported to be in jail. Accordingly, he shall be released forthwith, if not required in any other case.
7.2 Rule is made absolute accordingly. Direct service is permitted.
[ Gita Gopi, J. ] hiren /PC-2 Page 4 of 4 Downloaded on : Sun Sep 17 01:49:51 IST 2023