Gujarat High Court
Ameen Ahmed Bhatti vs State Of Gujarat on 23 April, 2025
NEUTRAL CITATION
R/CR.MA/8036/2025 ORDER DATED: 23/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8036
of 2025
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AMEEN AHMED BHATTI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.HITENDRA D RAJPUT(7224) for the Applicant(s) No. 1
MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 23/04/2025
ORAL ORDER
1. Learned advocate Mr. Kartik Bhatt submits that he has got instructions to appear on behalf of respondent - 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 15.3.2025 passed by learned 3rd Additional Chief Judicial Magistrate, Bhuj in Criminal Case No.827 of 2010 and terminating all the proceedings arising thereunder qua the petitioner.
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3. Rule. Learned advocates for the respective 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 - original complainant is present in the Court and is identified by learned advocate Mr. Kartik Bhatt. The learned advocate for the respondent - 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 at Annexure B.
5. Now, since matter is settled between the parties and due amount is paid to respondent - 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 15.3.2025 passed by learned 3rd Additional Chief Judicial Magistrate, Bhuj in Criminal Case No.827 of 2010 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 him.
7. Since the compounding between the parties is arrived at this stage before this Court, a cost in required to be imposed on Page 2 of 3 Uploaded by SHEKHAR P. BARVE(HC00200) on Wed Apr 23 2025 Downloaded on : Wed Apr 23 22:16:54 IST 2025 NEUTRAL CITATION R/CR.MA/8036/2025 ORDER DATED: 23/04/2025 undefined 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 Rs.50,000/-. Learned advocate of the petitioner has tendered an undertaking of the petitioner wherein he has shown his willingness to deposit Rs.50,000/-.
8. Accordingly, the present petition is allowed subject to deposit of Rs.50,000/- with the High Court Legal Services Committee within a period of two weeks from today, failing which, Registry to relist the matter for appropriate order. Rule is made absolute to the aforesaid extent. Direct service permitted.
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