Hajruddin Aiyub Malek vs State Of Gujarat

     R/SCR.A/12456/2022                           ORDER DATED: 13/02/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 12456 of 2022

==========================================================
                          HAJRUDDIN AIYUB MALEK
                                  Versus
                            STATE OF GUJARAT
==========================================================
Appearance:
ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1
MR ISHAN VYAS, ADVOCATE FOR MR DEVANSH KAKKAD, ADVOCATE
for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 13/02/2023

                              ORAL ORDER

1. It is reported that Mr. Devansh Kakkad, learned advocate has instructions to appear for the respondent no.2-original complainant. He is permitted to file his Vakalatnama with the Registry. Registry is directed to accept the same.

2. Rule returnable forthwith. Ms. Moxa Thakkar, learned APP and Mr. Ishan Vyas, learned advocate for Mr. Devansh Kakkad, learned advocate waive service of notice of Rule for and on behalf of respondent nos.1 and 2 respectively.

3. By this application filed under Section 482 of Cr.P.C., the applicant has sought quashing of the judgment and order dated 17.08.2022 passed by learned 2 nd Additioanl Page 1 of 3 Downloaded on : Tue Feb 14 20:47:50 IST 2023 R/SCR.A/12456/2022 ORDER DATED: 13/02/2023 Chief Judicial Magistrate, Bharuch in Criminal Case No.8041 of 2019 by which the applicant has been convicted for 9 months SI and also directed to pay Rs.1,20,000/- to the complainant as compensation and in default, 3 months SI has been imposed.

4. It appears that the settlement has been arrived at between the complainant and the present applicant and entire cheque amount has been paid to the respondent no.2, which has been confirmed by the complainant by detailed affidavit, which has been placed on record. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the applicant by filing this application, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

5. The applicant also submits that the applicant is willing to deposit cost as directed by the Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in (2010) 5 SCC 633, with the Legal Service Authority.

6. In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur Hardisingh Lohana, reported in (2004) 2 GLH 544, the coordinate Bench of this Court after considering various decisions of the Apex Court, took a view that it would be permissible for the High Court in exercise of its inherent powers under Section 482 of the Code, to record the settlement arrived at between the parties and acquit the accused of the charges.

R/SCR.A/12456/2022 ORDER DATED: 13/02/2023

7. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the application is hereby allowed. Rule is made absolute to the aforesaid extent. The judgment and order passed by the Court below dated 17.08.2022 and warrant issued by the trial Court, if any, are hereby quashed and set aside. The applicant is acquitted of the offences under the provisions of the Negotiable Instruments Act. The applicant is directed to deposit an amount of Rs.12,000/- with the Gujarat State Legal Service Authority within a period of one month from the date of receipt of this order. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Tue Feb 14 20:47:50 IST 2023