Gujarat High Court
Unnatiben Vishnubhai Patel vs State Of Gujarat on 16 April, 2025
NEUTRAL CITATION
R/SCR.A/2818/2025 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
2818 of 2025
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UNNATIBEN VISHNUBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR J G PANCHAL(2672) for the Applicant(s) No. 1
MR SUNIL J PANCHAL(13224) for the Applicant(s) No. 1
SALMAN S KHAN(9496) for the Applicant(s) No. 1
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 16/04/2025
ORAL ORDER
1. Learned advocate Mr. Darsh P. Desai submits that he has got instructions to appear on behalf of respondent No.2 - original complainant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same.
2. By way of preferring present petition, the petitioner seeks to invoke extra-ordinary and inherent jurisdiction of this Court under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing and setting aside the judgment and order of conviction and sentence dated 30.09.2024 passed by learned 24th Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.73579 of 2020 and terminating all the proceedings arising thereunder qua the petitioner.
3. Rule. Learned advocates for the respective Page 1 of 3 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 22:50:51 IST 2025 NEUTRAL CITATION R/SCR.A/2818/2025 ORDER DATED: 16/04/2025 undefined respondents waive service.
4. Learned advocate for the petitioner submits that total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - original complainant is present through virtual mode and is identified by learned advocate Mr. Darsh P. Desai. The learned advocate for the respondent No. 2 - original complainant states that the complainant has received the total cheque amount and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The complainant also filed an affidavit to that effect, which is placed on record.
5. Now, since matter is settled between the parties and due amount is paid to respondent No.2 - complainant and in view of the fact that offence under the N.I Act is now made compoundable, it is to be encouraged. Considering the affidavit, it is clear that the compounding is genuine, and therefore, the judgment and order of conviction and sentence dated 30.09.2024 passed by learned 24th Additional Chief Judicial Magistrate, Ahmedabad in Criminal Case No.73579 of 2020, is hereby quashed and set aside.
6. In view of sub-section (8) of Section 320 of the Code of Criminal Procedure, 1973, the petitioner is acquitted of the charge leveled against her.
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7. Since the compounding between the parties is arrived at this stage before this Court, a cost in required to be imposed on the petitioner in view of the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal reported in AIR 2010 SC 1907. As per the said decision, the petitioner is required to deposit 15% of the cheque amount. However, in view of para 17 of the said judgment, a discretion is granted to the competent Court to reduce the amount of cost or waive the same on specific facts and circumstances of a case.
8. Considering the reasons given by learned advocate for the petitioner, instead of imposing 15% of the cheque amount as cost, I deem it fit to impose 10% of the cheque amount as cost. Learned advocate of the petitioner has tendered an undertaking of the petitioner wherein she has shown her willingness to deposit 10% of the cheque amount.
9. Accordingly, the present petition is allowed subject to deposit of 10% of the cheque amount with the High Court Legal Services Committee within a period of two weeks from today. Rule is made absolute to the aforesaid extent. Direct service permitted.
(DIVYESH A. JOSHI,J) LAVKUMAR J JANI Page 3 of 3 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 17 2025 Downloaded on : Thu Apr 17 22:50:51 IST 2025