Gujarat High Court
Prabhudas Gulshanbhai Solanki vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/SCR.A/10984/2025 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
10984 of 2025
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PRABHUDAS GULSHANBHAI SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR J A JAMBUKIYA(13953) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/08/2025
ORAL ORDER
1. Learned advocate Ms. Dipti Satavara states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file her Vakalatnama, which is granted. Heard learned advocates for the respective parties.
2. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.
3. By this application under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dated 08.04.2025 passed by the learned 18th Addl. Sr. civil Judge, Vadodara, in Criminal Case No.11590/2018, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of one year and to pay the amount of Rs.7,25,415/- towards compensation to the complainant and in default of payment of the said amount, the petitioner to undergo further simple imprisonment for a period of three months and as the petitioner was not present when the judgment was pronounced, the learned Magistrate issued Non-bailable warrant under Section 70 of the Cr.P.C. against the petitioner.
4. It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount has been Page 1 of 2 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:29:43 IST 2025 NEUTRAL CITATION R/SCR.A/10984/2025 ORDER DATED: 07/08/2025 undefined paid to the respondent complainant, which has been confirmed by the complainant by detailed affidavit, which is produced on record separately, the same is taken on record. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the petitioner by filing this petition, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.
5. The petitioner also submits that the petitioner is willing to deposit costs as directed by the Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in (2010) 5 SCC 633, with the Legal Service Authority.
6. In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur Hardisingh Lohana reported in (2004)2 GLH 544, the Coordinate Bench of this Court after considering various decisions of the Apex Court, took a view that it would be permissible for the High Court in exercise of its inherent powers under Section 482 of the Code, to record the settlement arrived at between the parties and acquit the accused of the charges.
7. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted.
8. As a result, the petition is allowed. The judgment and order dated 08.04.2025 passed by the learned 18 th Addl. Sr. civil Judge, Vadodara, in Criminal Case No. 11590/2018 and warrant issued by it are hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.1,08,812.25/- (15% of the cheque amount) with the Gujarat State Legal Services Authority within a period of one week from the date of receipt of this order. Rule is made absolute to aforesaid extent. Direct service permitted.
(HASMUKH D. SUTHAR,J) SUCHIT Page 2 of 2 Uploaded by SUCHITKUMAR PATEL(HC01083) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:29:43 IST 2025