Gujarat High Court
Hiren Developers Anjar vs State Of Gujarat on 10 February, 2025
NEUTRAL CITATION
R/CR.RA/1615/2024 ORDER DATED: 10/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1615 of 2024
==========================================================
HIREN DEVELOPERS ANJAR & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KAPIL K ACHARYA(2650) for the Applicant(s) No. 1,2
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1,2
DHAIRYA J PATEL(10110) for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/02/2025
ORAL ORDER
1. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
2. By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") , the applicants have prayed for quashing and setting aside the judgment and order dated 21.07.2023 passed by the learned Chief Judicial Magistrate, Mehsana, in Criminal Case No.3483/2018, whereby the Trial Court has been pleased to hold the applicants guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo RI of one year and six months and also directed to pay Rs.3,00,000/- towards compensation to the original complainant, as well as order dated 14.10.2024 by which learned Principal Sessions Judge, Mehsana, dismissed Criminal Appeal No.409/2023 and confirmed the judgment and order of conviction of learned trial Court. Hence, this Revision Application is filed.
Page 1 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Feb 12 2025 Downloaded on : Thu Feb 13 22:01:43 IST 2025 NEUTRAL CITATION R/CR.RA/1615/2024 ORDER DATED: 10/02/2025 undefined
3. Learned advocate for the applicants have taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the Criminal Case as well as any further proceedings arising therefrom would create hardship to the applicant. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law.
4. Learned APP appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.
5. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for original complainant also relied upon the affidavit filed by original complainant, who is also present in person before this Court and is identified by learned advocate for the original complainant. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicants and the original complainant is resolved and entire cheque amount has been paid by the applicantsto the complainant and therefore, now the grievance stands redressed. It is therefore submitted that the original complainant has no objection if the present application is allowed.
6. At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not want to pursue the present litigation any further and in this regard, affidavit of original complainant dated 06.02.2025 has been placed, which is taken on record. The contents of the affidavit are also admitted by the original complainant. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by Page 2 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Feb 12 2025 Downloaded on : Thu Feb 13 22:01:43 IST 2025 NEUTRAL CITATION R/CR.RA/1615/2024 ORDER DATED: 10/02/2025 undefined the learned Trial Court and confirmed by the Appellate Court is set aside.
7. Considering the fact that the dispute is settled between the parties and the applicant has paid the cheque amount i.e. Rs.2,00,000/- to the complainant and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated stage before this Court, in view of the decision rendered in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled with cost.
8. Resultantly, this revision application is allowed. The judgment and order dated 21.07.2023 passed by the learned Chief Judicial Magistrate, Mehsana, in Criminal Case No.3483/2018 as well as order dated 14.10.2024 passed by learned Principal Sessions Judge, Mehsana, in Criminal Appeal No.409/2023 are hereby quashed and set aside, subject to deposit Rs.30,000/- (15% of the cheque amount) before the Gujarat State Legal Services Authority.
9. Rule is made absolute accordingly to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR,J) SUCHIT Page 3 of 3 Uploaded by SUCHITKUMAR PATEL(HC01083) on Wed Feb 12 2025 Downloaded on : Thu Feb 13 22:01:43 IST 2025