Gujarat High Court
Mohmedramiz Mohmedhanif Shaikh vs State Of Gujarat on 28 November, 2023
NEUTRAL CITATION
R/SCR.A/15349/2023 ORDER DATED: 28/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15349 of 2023
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MOHMEDRAMIZ MOHMEDHANIF SHAIKH
Versus
STATE OF GUJARAT
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Appearance:
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1
VALIMOHAMMED PATHAN(6383) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/11/2023
ORAL ORDER
1. Rule. Ld. APP waives service of Rule for the respondent State.
2. Considering the fact that the dispute between the parties is resolved amicably, this matter is taken up and heard for final disposal forthwith.
3. By way of this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."), the petitioner has prayed to quash and set aside the judgment and order of conviction dated 05.04.2023 passed by learned Addl. Chief Judicial Magistrate, Kheda, in Criminal Case No.248/2019, whereby, the learned Magistrate has been pleased to convict the petitioner for the offence under Section 138 of the Negotiable Instruments Act and sentenced six months simple imprisonment and ordered to pay Rs.15 lacs as compensation to the complainant within three months, failing Page 1 of 3 Downloaded on : Wed Nov 29 20:41:06 IST 2023 NEUTRAL CITATION R/SCR.A/15349/2023 ORDER DATED: 28/11/2023 undefined which, to undergo further six months simple imprisonment.
4. Learned counsel for the petitioner states that, the dispute between the parties has been resolved amicably and therefore, present petition is filed for consent quashing on the ground of settlement.
5. Learned APP has opposed the petition as statutory remedy is available to the petitioner.
6. It is required to be noted that as the petitioner remained absent before the learned trial Court, learned Magistrate has been pleased to pass an order to issue warrant under Section 70 of Cr.P.C through Police Commissioner, Ahmedabad and further passed an order that until the warrant is served upon the petitioner, Police Commissioner shall have to submit a report before the learned Magistrate on first day of every months qua progress of execution of warrant.
7. Having heard learned counsel for both the sides and considering the peculiar facts of the case on hand, this Court is of view that as the statutory remedy is available under the Cr.P.C and conviction appeal is also provided in view of the law laid down by the Hon'ble Apex Court in case of Arun Shankar Shukla Vs. State of U.P & Ors. reported in 1999 (6) SCC 146, this Court is not inclined to entertain present petition under Section 482 of the Cr.P.C.
8. In view of the above observation, present petition stands disposed of. It is clarified that this Court has not examined the matter on merit. The petitioner is at liberty to file statutory Page 2 of 3 Downloaded on : Wed Nov 29 20:41:06 IST 2023 NEUTRAL CITATION R/SCR.A/15349/2023 ORDER DATED: 28/11/2023 undefined appeal in the Court of learned Sessions Judge. Meanwhile, Police Commissioner, Ahmedabad, is directed to submit a progress report with regard to execution of conviction warrant before the learned Magistrate pursuant to order dated 05.04.2023. Rule is discharged.
(HASMUKH D. SUTHAR,J) SUCHIT Page 3 of 3 Downloaded on : Wed Nov 29 20:41:06 IST 2023