Gujarat High Court
Snehalbhai Hasmukhbhai Shah vs State Of Gujarat on 7 April, 2025
NEUTRAL CITATION
R/CR.RA/42/2017 ORDER DATED: 07/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 42 of 2017
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SNEHALBHAI HASMUKHBHAI SHAH
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
ADVOCATE NOTICE SERVED for the Respondent(s) No. 2
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2.1,2.2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/04/2025
ORAL ORDER
[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and legal heirs of original complainant i.e. respondent Nos.2.1 to 2.2 has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
[3.0] By way of this application under Section 397 (section 438 of BNSS) read with Section 401 (section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside the order dated 15.10.2015 Page 1 of 5 Uploaded by KUMAR ALOK(HC01091) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 22:49:26 IST 2025 NEUTRAL CITATION R/CR.RA/42/2017 ORDER DATED: 07/04/2025 undefined passed by the learned Judicial Magistrate First Class, Petlad in Criminal Case No.819 of 2010, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of 1 year with fine of Rs.10,000/- and also directed to pay cheque amount to the original complainant as compensation. The said order was assailed before the learned 3rd Additional Sessions Judge, Anand by way of impugned Judgment and order of sentence dated 13.01.2017 in Criminal Appeal No.79 of 2015. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.
[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.
[4.1] It is submitted that an amount of Rs. 40,000/-, which is lying with the Registry of the learned Judicial Magistrate First Class, Petlad, is required to be paid to the legal heirs of the original complainant, i.e., respondent Nos. 2.1 and 2.2.
[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application Page 2 of 5 Uploaded by KUMAR ALOK(HC01091) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 22:49:26 IST 2025 NEUTRAL CITATION R/CR.RA/42/2017 ORDER DATED: 07/04/2025 undefined may be rejected.
[6.1] Learned advocate for legal heirs of original complainant i.e. respondent Nos.2.1 to 2.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for legal heirs of original complainant i.e. respondent Nos.2.1 to 2.2 also relied upon the compromised deed. Respondent Nos.2.1 viz. Dipakkumar Indravadan Shah and Respondent No.2.2 viz. Jayaben Indarvadan Shah are present through virtual mode before the Court and is identified by learned advocate for the respondents. The compromise deed sworn by the parties is taken on record. On inquiry made by the Court, respondent Nos.2.1 and 2.2 have declared before this Court that the dispute between the applicant and the respondent Nos.2.1 and 2.2 is resolved and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
[7.0] At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the legal heirs of original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter and in this regard, compromise deed has been placed, which is taken on record. The contents of the compromise deed is also admitted by the legal heirs of original complainant. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.
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[8.0] Considering the fact that the dispute is settled between the parties and the applicant has paid the cheque amount to the complainant i.e. Respondent Nos.2.1 and 2.2 and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated stage before this Court, in view of the decision rendered in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled with cost.
[9.0] Resultantly, this revision application is allowed. The order dated 15.10.2015 passed by the learned Judicial Magistrate First Class, Petlad in Criminal Case No.819 of 2010 as well as the judgment and order of sentence dated 13.01.2017 passed in Criminal Appeal No.79 of 2015 by the learned 3rd Additional Sessions Judge, Anand are hereby quashed and set aside with respect to the applicant, subject to deposit of 15% of the amount of cheque i.e. Rs.12,000/- out of the total cheque amount of Rs. 80,000/- before the Gujarat State Legal Services Authority.
[10.0] On compliance of the said order, if the applicant is behind the bar, he shall be released subject to deposit of aforesaid amount of cost, if his presence is no longer required in any other criminal offence.
[10.1] An amount of Rs. 40,000/-, which is lying with the Registry of the learned Judicial Magistrate First Class, Petlad, Page 4 of 5 Uploaded by KUMAR ALOK(HC01091) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 22:49:26 IST 2025 NEUTRAL CITATION R/CR.RA/42/2017 ORDER DATED: 07/04/2025 undefined shall be paid to the legal heirs of respondent No. 2, i.e., respondent Nos. 2.1 and 2.2, after due and proper verification.
[11.0] The present application is allowed qua applicant. Rule is made absolute. Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 5 of 5 Uploaded by KUMAR ALOK(HC01091) on Tue Apr 08 2025 Downloaded on : Tue Apr 08 22:49:26 IST 2025