Gujarat High Court
Badarsinh Lalsinh Thakor vs State Of Gujarat on 1 April, 2025
NEUTRAL CITATION
R/SCR.A/333/2025 ORDER DATED: 01/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO.333 of 2025
(QUASHING)
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BADARSINH LALSINH THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DINESHCHANDRA K CHAUHAN(12830) for the Applicant(s)
No. 1
PRATEEK S BHATIA(8629) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
MR DIVYESH D BAIS for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 01/04/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned advocates appearing for the respective parties waive service of notice of rule.
3. By this application under Article 226 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 21.12.2023 passed by the learned 4th Judicial Magistrate First Class, Gandhinagar in Criminal Case No.426/2017, by which the petitioner has been convicted as mentioned in the said order and as the petitioner was not present when the judgment Page 1 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Apr 01 2025 Downloaded on : Tue Apr 01 22:39:09 IST 2025 NEUTRAL CITATION R/SCR.A/333/2025 ORDER DATED: 01/04/2025 undefined was pronounced, learned Judicial Magistrate, Umreth issued Non-bailable warrant under Section 70 of the Cr.P.C. against the petitioner.
4. Heard learned advocate, Mr. Prateek Bhatia for the applicant, learned APP Mr. Chintan Dave for respondent no.1 and learned advocate, Mr. Divyesh Bais for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2 - complainant, who is present before this Court. Learned advocate, Mr. Bais identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.
5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicant and, therefore, if the impugned judgment and order of conviction is quashed, he has no objection. Learned advocate submitted that the petitioner is ready and 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 and in support of it, the petitioner has also filed an undertaking.
Page 2 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Apr 01 2025 Downloaded on : Tue Apr 01 22:39:09 IST 2025NEUTRAL CITATION R/SCR.A/333/2025 ORDER DATED: 01/04/2025 undefined
6. In view of the rival submissions canvassed by learned advocates for the parties and having gone through the material available on record, 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 No.2, which has been confirmed by the complainant by detailed affidavit, which has been on record of the matter. The complainant does 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.
7. 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.
8. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted.
9. As a result, the present petition is allowed. The judgment order passed by the Court below i.e. the judgement and order dated 21.12.2023 passed by the learned 4th Judicial Magistrate First Class, Page 3 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Apr 01 2025 Downloaded on : Tue Apr 01 22:39:09 IST 2025 NEUTRAL CITATION R/SCR.A/333/2025 ORDER DATED: 01/04/2025 undefined Gandhinagar in Criminal Case No.426/2017 and warrant issued by the Trial Court 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 10% of the cheque amount with the Gujarat State Legal Service Authority within a period of four weeks from the date of receipt of this order.
10. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(DIVYESH A. JOSHI, J.) Gautam Page 4 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue Apr 01 2025 Downloaded on : Tue Apr 01 22:39:09 IST 2025