Gujarat High Court
Dipikaben Dixitbhai Shah vs State Of Gujarat on 16 January, 2025
NEUTRAL CITATION
R/CR.RA/425/2015 ORDER DATED: 16/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 425 of 2015
With
R/CRIMINAL REVISION APPLICATION NO. 426 of 2015
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DIPIKABEN DIXITBHAI SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BAKUL S PANCHAL(3676) for the Applicant(s) No. 1
MR MEHUL M MEHTA(3416) for the Respondent(s) No. 2
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/01/2025
COMMON ORAL ORDER
1. Heard learned advocates for the parties.
2. 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 applicant(s) and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
3. By way of the Criminal Revision Applications under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, in (i)Criminal Revision Application No. 425 of 2015, the applicant(s) has prayed for quashing and setting aside the order dated 23.10.2012 passed by the learned Judicial Magistrate First Class, Viramgam in Criminal Case No. 1347 of 2008, whereby the Page 1 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025 NEUTRAL CITATION R/CR.RA/425/2015 ORDER DATED: 16/01/2025 undefined Trial Court held the applicant(s) guilty for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo Rigorous Imprisonment of 12 months and also directed to pay a fine of Rs. 66,000/- in default of payment, further to undergo Simple Imprisonment for three months. In
(ii)Criminal Revision Application No. 426 of 2015, the applicant(s) has prayed for quashing and setting aside the order dated 23.10.2012 passed by the learned Judicial Magistrate First Class, Viramgam in Criminal Case No. 1346 of 2008, whereby the Trial Court held the applicant(s) guilty for the offence punishable under Section 138 of the N.I. Act and sentenced to undergo Rigorous Imprisonment of 12 months and also directed to pay a fine of Rs. 81,000/- in default of payment, further to undergo Simple Imprisonment for three months. The said orders were assailed before the learned 3rd Additional District and Sessions Judge, Ahmedabad (Rural) Viramgam by way of impugned Judgment and order of sentence dated 29.07.2015 in Criminal Appeal Nos. 10 and 11 of 2012, which came to be dismissed and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.
4. Learned advocate for the applicant(s) has 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 Page 2 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025 NEUTRAL CITATION R/CR.RA/425/2015 ORDER DATED: 16/01/2025 undefined proceedings arising therefrom would create hardship to the applicant(s). 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.
5. Learned Additional Public Prosecutor 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.
6. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant(s). The learned advocate for original complainant also relied upon the affidavit filed by original complainant - Respondent No.2 is present in person before the Court and is identified by learned advocate for original complainant. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicant(s) and the original complainant is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. Learned advocate for the original Complainant has produced on record, the communications made by the authorized officer of the Paras Credit Co.Operative Society, which are taken on record. It is submitted that the applicant(s)- accused viz. (i) Dipikaben Dixitbhai Shah and (ii) Dixitbhai Page 3 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025 NEUTRAL CITATION R/CR.RA/425/2015 ORDER DATED: 16/01/2025 undefined Becharbhai Shah both applicant(s)/ original accused have paid the entire amount and Original Complainant has no objection if the conviction and sentence order passed by the learned trial Court and upheld by the learned Appellate Court are quashed and set aside qua the present applicant(s). It is submitted that the settlement is arrived at between the parties and in this regard, No dues Certificates issued by the Society. It is therefore submitted that the present application may be allowed.
7. At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant(s) have settled the matter and in this regard, affidavit of original complainant has been placed, which is taken on record. The contents of the affidavit is 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 the learned Trial Court as well as Appellate Court is set aside as offence is compoundable under Section 147 of the N.I. Act.
8. Considering the fact that as the dispute is settled between the parties and the applicant(s) has paid the entire amount. Hence, the present application may be allowed. Considering the facts and circumstances arising out of the present application and considering the decision rendered in case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, Page 4 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025 NEUTRAL CITATION R/CR.RA/425/2015 ORDER DATED: 16/01/2025 undefined considering the nature of disputes between the parties, which are all private in nature, I am of the opinion that the matter requires consideration. Hence, to secure the ends of justice, the Criminal Case is required to be quashed and set aside in exercise of powers conferred upon this Court. Keeping in mind applicant(s) have settled a dispute at High Court level belatedly which is lack of their bona fide. Hence, applicant(s) deserve to saddle with the cost.
11. Resultantly, this revision application is allowed. The impugned order(s) dated 23.10.2012 passed by the learned Judicial Magistrate First Class, Viramgam as well as impugned Judgment and order(s) of sentence dated 29.07.2015 in Criminal Appeal Nos. 10 and 11 of 2012 are hereby quashed and set aside with respect to both applicant(s) viz. (i) Dipikaben Dixitbhai Shah and (ii) Dixitbhai Becharbhai Shah subject to deposit the amount of the cheque before the Gujarat State Legal Service Authority. The applicant viz Dipikaben Dixitbhai Shah shall deposit of 15% of the amount of the cheque i.e. Rs. 6,819/- out of the total cheque amount of Rs. 45,460/- and the applicant viz. Dixitbhai Becharbhai Shah shall deposit of 15% of the amount of the cheque i.e. Rs.8,439/- out of the total cheque amount of cheque Rs.56,263/- before the Gujarat State Legal Service Authority.
12. If any amount is deposited by the accused either before the learned Trial Court or before the learned Appellate Court is Page 5 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025 NEUTRAL CITATION R/CR.RA/425/2015 ORDER DATED: 16/01/2025 undefined ordered to pay after due and proper verification to the original accused.
13. On compliance of the said order(s), if the applicant(s) are behind the bar, they shall be released subject to deposit of aforesaid amount of cost, if their presence is no longer required in any other criminal offence.
14. The present application is allowed qua applicant(s) viz. Dipikaben Dixitbhai Shah and Dixitbhai Becharbhai Shah. Rule is made absolute.
Direct service is permitted.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 6 of 6 Uploaded by KUMAR ALOK(HC01091) on Mon Jan 20 2025 Downloaded on : Mon Jan 20 21:30:31 IST 2025