Gujarat High Court
Punitaben Sureshbhai Patel vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/SCR.A/5912/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5912 of
2025
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PUNITABEN SURESHBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS MONA GUPTA FOR MR NV GANDHI(1693) for the Applicant(s)
No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
MS KAJAL SINGADIYA for the Respondent No. 2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/04/2025
ORAL ORDER
1. Learned advocate Ms. Kajal Singadiya submits that she has got instructions to appear on behalf of respondent No.2 - original complainant. She is permitted to file her 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 19.02.2025 passed by learned Principal Senior Civil Judge & Additional Chief Page 1 of 4 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:22:24 IST 2025 NEUTRAL CITATION R/SCR.A/5912/2025 ORDER DATED: 24/04/2025 undefined Judicial Magistrate, Bardoli-Surat in Criminal Case No.2115 of 2022 and terminating all the proceedings arising thereunder qua the petitioner.
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 No. 2 - original complainant is present through virtual mode and is identified by learned advocate Ms. Kajal Singadiya. The learned advocate for the respondent No. 2 - original complainant states that the complainant has received the total cheque amount and 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 19.02.2025 passed by learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Bardoli- Surat in Criminal Case No.2115 of 2022 is hereby Page 2 of 4 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:22:24 IST 2025 NEUTRAL CITATION R/SCR.A/5912/2025 ORDER DATED: 24/04/2025 undefined 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.
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 Page 3 of 4 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:22:24 IST 2025 NEUTRAL CITATION R/SCR.A/5912/2025 ORDER DATED: 24/04/2025 undefined period of ten days from today. Rule is made absolute to the aforesaid extent. Direct service permitted.
(DIVYESH A. JOSHI,J) LAVKUMAR J JANI Page 4 of 4 Uploaded by LAVKUMAR J JANI(HC00210) on Thu Apr 24 2025 Downloaded on : Fri Apr 25 03:22:24 IST 2025