R/CR.RA/284/2023 ORDER DATED: 15/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 284 of 2023
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PATEL BHARATKUMAR MAFATLAL
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 15/03/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.
2. By way of this application, the applicant - revisionist challenges the judgment of conviction and sentence dated 29.04.2022 passed by the learned 6 th Chief Judicial Magistrate, First Class, Mahesana in Criminal Case No.3491 of 2019, wherein the applicant was sentenced to undergo one year of simple imprisonment under Section 138 of the Negotiable Instruments Act, 1881 and directed to pay compensation Page 1 of 3 Downloaded on : Mon Mar 20 20:35:09 IST 2023 R/CR.RA/284/2023 ORDER DATED: 15/03/2023 of Rs.1,00,000/-. The above sentence was challenged by way of an Appeal and the same was confirmed on 27.12.2022 by the learned Additional Sessions Judge, Mahesana, in Criminal Appeal No.159 of 2022.
3. Today, the complainant is present before this Court with the affidavit, who is identified by Advocate Mr. Gitendra S.Kotai. The vakalatnama of Advocate Mr. Kotai be accepted. The complainant stated that he has received total amount of the cheque and they have amicably settled the matter and thus prays for quashing of the conviction and sentence passed against the present applicant - revisionist.
4. Learned Additional Public Prosecutor prayed that no discretion may be exercised in favour of the applicant.
5. Heard learned Advocates on both the sides and perused the material on record. Section 147 of the N.I. Act provides for compounding of the offence. It is an enabling provision inserted by way of amendment to the Page 2 of 3 Downloaded on : Mon Mar 20 20:35:09 IST 2023 R/CR.RA/284/2023 ORDER DATED: 15/03/2023 special law and has an overriding effect to the provisions of section 320 of the Cr.P.C.
6. Since the cheque amount has been given and in view of the settlement arrived at between the parties, the matter is considered as compounded. The order dated 29.04.2022 passed by the learned 6 th Chief Judicial Magistrate, First Class, Mahesana in Criminal Case No.3491 of 2019 and confirmed by judgment and order dated 27.12.2022 by the learned Additional Sessions Judge, Mahesana in Criminal Appeal No.159 of 2022 are hereby quashed and set aside.
7. The applicant - revisionist be released from jail forthwith. The present revision application stands disposed of accordinlgy.
8. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITA GOPI,J) Pankaj Page 3 of 3 Downloaded on : Mon Mar 20 20:35:09 IST 2023