NEUTRAL CITATION
R/SCR.A/174/2020 ORDER DATED: 14/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 174 of 2020
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RAJAT VINAYALS PVT. LTD THRO RANCHHODBHAI SIDIBHAI VAISHNAV
Versus
STATE OF GUJARAT
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Appearance:
MR. RA SHARMA(3591) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/09/2023
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, with the following prayers:
"7(a) Your Lordships may be pleased to admit and allow this petition.
(b) Your Lordship may be pleased to issue a writ of mandamus and/or any other writ, order or direction quashing and setting aside the order dated 09.03.2019 passed below application, Exh.1 by the Learned Additional Chief Judicial Magistrate, Dhoraji in Criminal Case No.84 of 2018 and further be pleased to direct the Learned Additional Chief Judicial Magistrate, Dhoraji to proceed with the trial of Criminal Case No.84 of 2018 in accordance with Page 1 of 4 Downloaded on : Mon Sep 18 20:38:54 IST 2023 NEUTRAL CITATION R/SCR.A/174/2020 ORDER DATED: 14/09/2023 undefined law.
(C) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay implementation, operation and execution of the order dated 09.03.2019 passed by the Learned Additional Chief Judicial Magistrate, Dhoraji in Criminal Case No.84 of 2018. (D) xxxxx"
2. Heard learned advocate Mr.Sharma for the applicant and learned APP Mr.Dave for the respondent no.1.
3. Learned advocate Mr.Sharma for the petitioner has drawn my attention to the aspect that after issuance of warrant, all of a sudden, the accused remained present in the Lok Adalat and shown his willingness to settle the dispute and, therefore, the order passed by the learned Court below in Lok Adalat below Exh.1 on 9.3.2019 is illegal, improper and required to be set aside and the matter is required to be remanded back for fresh consideration. He, therefore, prays to allow this petition.
4. Per contra, learned APP has submitted that the trial Court has passed the order after considering the provisions of law and there is no error committed by the learned trial Court and therefore, he prayed to dismiss this petition as no interference is called for. Page 2 of 4 Downloaded on : Mon Sep 18 20:38:54 IST 2023
NEUTRAL CITATION R/SCR.A/174/2020 ORDER DATED: 14/09/2023 undefined
5. I have considered the rival submissions made at the bar and also perused the material on record. It transpires that the complaint is filed on 23.1.2018 for the default of cheque of Rs.1 lacs. Thereafter, in the Lok Adalat, the amount of Rs.1 lac is paid by the accused, Rs.3500/- is paid towards penalty and Rs.11,500/- is paid towards interest @ 9% p.a. and the amount is received by the complainant.
6. Thereafter, this petition is filed which is pending since 2020, without issuance of notice and today, the matter is considered for final adjudication at the admission stage.
7. I do not find any merit in the submission made by learned advocate for the petitioner that after issuance of warrant, the accused cannot approach the Court by praying to deposit the amount of the cheque and to settle the dispute. Considering the fact that the matter is now already settled by order passed in the year 2019 and the amount is already paid to the complainant and prima facie, on bare perusal of the order, the Court has recorded all the relevant aspects of the matter.
8. In view of the above and in view of the judgment of the Hon'ble Apex Court in the case of Damodar S. Prabhu Page 3 of 4 Downloaded on : Mon Sep 18 20:38:54 IST 2023 NEUTRAL CITATION R/SCR.A/174/2020 ORDER DATED: 14/09/2023 undefined Vs. Sayed babalal H. reported in (2010) 5 SCC 663, I am of the opinion that the learned trial Court has not committed any error in passing the impugned order.
9. This petition is dismissed at the admission stage as it is devoid of merits.
(SANDEEP N. BHATT,J) SRILATHA Page 4 of 4 Downloaded on : Mon Sep 18 20:38:54 IST 2023