Lalshankar Sendhaji Nenoma vs State Of Gujarat

Gujarat High Court

Lalshankar Sendhaji Nenoma vs State Of Gujarat on 23 April, 2025

                                                                                                             NEUTRAL CITATION




                            R/SCR.A/5712/2025                                  ORDER DATED: 23/04/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5712 of 2025

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                                                 LALSHANKAR SENDHAJI NENOMA
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
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                      Appearance:
                      DARSHAN M VARANDANI(7357) 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 Ms. Neha Mukherjee submits that she has got instructions to appear on behalf of respondent - original complainant. She 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 11.5.2022 passed by learned 3rd Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No6849 of 2018 confirmed by the learned 3 rd Addl. Sessions Judge, Gandhinagar vide order dated 25.11.2023 in Criminal Appeal No.60 of 2022 and terminating all the proceedings arising thereunder qua the petitioner.

NEUTRAL CITATION R/SCR.A/5712/2025 ORDER DATED: 23/04/2025 undefined

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 Ms. Neha Mukherjee. 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 to that effect, which is placed on record.

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 11.5.2022 passed by learned 3rd Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No6849 of 2018 confirmed by the learned 3 rd Addl. Sessions Judge, Gandhinagar vide order dated 25.11.2023 in Criminal Appeal No.60 of 2022 are hereby quashed and set aside.

NEUTRAL CITATION R/SCR.A/5712/2025 ORDER DATED: 23/04/2025 undefined

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 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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