Akubat Mubarak Yakub Ali vs State Of Gujarat

     R/SCR.A/2358/2023                            ORDER DATED: 20/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 2358 of 2023

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                         AKUBAT MUBARAK YAKUB ALI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR PARVEZ A PATHAN(10862) for the Applicant(s) No. 1
MR SAFVAN S PATEL(11807) for the Applicant(s) No. 1
MR MOHSIN AFINI, ADVOCATE for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 20/02/2023

                               ORAL ORDER

1. Mr. Mohsin Afini, learned advocate states that he has instructions to appear for the respondent no.2-original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the same.

2. Rule returnable forthwith. Ms. Maithili Mehta, learned APP and Mr. Mohsin Afini, 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 25.11.2022 passed by learned 6 th Additional Page 1 of 3 Downloaded on : Wed Feb 22 20:43:47 IST 2023 R/SCR.A/2358/2023 ORDER DATED: 20/02/2023 Judicial Magistrate First Class, Bharuch in Criminal Case No.8962 of 2022 by which the applicant has been convicted for 1 year SI and also directed to pay the cheque amount to the complainant in 60 days and in default, 3 months SI was 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/2358/2023 ORDER DATED: 20/02/2023

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 i.e. order dated 25.11.2022 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.2,000/- with the Gujarat State Legal Service Authority within a period of 2 weeks from the date of receipt of this order. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Wed Feb 22 20:43:47 IST 2023