NEUTRAL CITATION
R/SCR.A/14502/2023 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14502 of 2023
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SHAMBHUBHAI MAHADEVBHAI MATA
Versus
STATE OF GUJARAT
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Appearance:
DARSHAN M VARANDANI(7357) for the Applicant(s) No. 1
MR K K MATANG(13764) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR KM ANTANI, Addl. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/11/2023
ORAL ORDER
Learned advocate Mr. Kanan Jadeja states that he has instructions to appear on behalf of the original complainant, and thereby, seeks permission to file his Vakalatnama, which is granted. The original complainant is present in the Court and is identified by his learned advocate.
[1] Rule. Learned advocates waives service of rule for the respective respondents.
[2] By this application under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dated 23.11.2020, passed by the learned 2nd Addl. Civil Judge and JMFC, Anjar, in Criminal Case No. 544 of 2016 and Page 1 of 3 Downloaded on : Wed Nov 01 20:47:36 IST 2023 NEUTRAL CITATION R/SCR.A/14502/2023 ORDER DATED: 01/11/2023 undefined confirmed vide order dated 12.9.2023 passed by the learned 3 rd Addl. Sessions Judge, Anjar in Criminal Appeal No.11 of 2020 and Criminal Revision Application No.9 of 2021, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of one year and to pay the amount of Rs.8 lakh towards compensation to the complainant and in default of payment of the said amount, the petitioner to undergo further simple imprisonment for a period of one month and as the petitioner was not present when the judgment was pronounced, the learned Magistrate issued Non-bailable warrant under Section 70 of the Cr.P.C. against the petitioner.
[3] It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount has been paid to the respondent complainant, which has been confirmed by the complainant by detailed affidavit, which is produced on record separately, the same is taken on record. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the petitioner by filing this petition, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.
[4] The petitioner also submits that the petitioner is willing to deposit costs 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.
[5] In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur Hardisingh Lohana, reported in (2004) 2 GLH 544, the Page 2 of 3 Downloaded on : Wed Nov 01 20:47:36 IST 2023 NEUTRAL CITATION R/SCR.A/14502/2023 ORDER DATED: 01/11/2023 undefined 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.
[6] Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted.
[7] As a result, the petition is allowed. Thejudgment and order dated 23.11.2020, passed by the learned 2nd Addl. Civil Judge and JMFC, Anjar, in Criminal Case No. 544 of 2016 and confirmed vide order dated 12.9.2023 passed by the learned 3 rd Addl. Sessions Judge, Anjar in Criminal Appeal No.11 of 2020 and Criminal Revision Application No.9 of 2021 and warrant issued by it are hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.1,20,000/- being equal to 15% of the cheque amount with the Gujarat State Legal Service Authority as compounding charges within a period of one week from the date of receipt of this order. Rule is made absolute to aforesaid extent. Direct service permitted.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Wed Nov 01 20:47:36 IST 2023