Gujarat High Court
Sarfaraj Rafikbhai Makarim vs State Of Gujarat on 5 May, 2025
NEUTRAL CITATION
R/SCR.A/4587/2025 ORDER DATED: 05/05/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4587 of 2025
==========================================================
SARFARAJ RAFIKBHAI MAKARIM
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 05/05/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned advocates appearing for the respective parties waive service of notice of rule.
3. By this application under Article 227 of the Constitution of India, read with Section 528 of the Code of Bhartiya Nagarik Suraksha Sanhita, 2023, the petitioner has sought quashing of the judgment and order dated 20.10.2022 passed by the learned JMFC, Bagasara in Criminal Case No.183/2020, by which the petitioner has been convicted and ordered to undergo simple imprisonment and as the petitioner was not present when the judgment was pronounced, learned Judicial Magistrate, First Class, Bagasara issued Non- bailable warrant against the petitioner, as well as the Page 1 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 00:27:01 IST 2025 NEUTRAL CITATION R/SCR.A/4587/2025 ORDER DATED: 05/05/2025 undefined judgment and order dated 30.11.2023 passed by the learned 2nd Addl. Sessions Court, Dhari at Amreli in Criminal Appeal No.07 of 2023, confirming the judgment and order dated 20.10.2022.
4. Heard learned advocate, Mr. M.M. Soni for the applicant, learned APP Mr. Rohan Shah for respondent no.1 and learned advocate, Mr. Viral Rana for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2-complainant, who is present before this Court. Learned advocate, Mr. Rana identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.
5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicant and, therefore, if the impugned judgment and order of conviction is quashed, he has no objection. Learned advocate submitted that the petitioner is ready and willing to deposit cost 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 view of the rival submissions canvassed by learned advocates for the parties and having gone through the material available on record, it appears that the settlement has been arrived at between the complainant and present Page 2 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 00:27:01 IST 2025 NEUTRAL CITATION R/SCR.A/4587/2025 ORDER DATED: 05/05/2025 undefined petitioner and the entire cheque amount has been paid to the respondent No.2, which has been confirmed by the complainant by detailed affidavit, which has been on record of the matter. The complainant does 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.
7. 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.
8. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted.
9. As a result, the present petition is allowed. The judgment order passed by the Courts below i.e. judgment and order dated 20.10.2022 passed by the learned JMFC, Bagasara in Criminal Case No.183/2020, as well as the judgment and order dated 30.11.2023 passed by the learned 2 nd Addl. Sessions Court, Dhari at Amreli in Criminal Appeal No.07 of 2023 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 15% of the cheque amount with the Gujarat State Legal Service Authority within a period of four weeks from Page 3 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 00:27:01 IST 2025 NEUTRAL CITATION R/SCR.A/4587/2025 ORDER DATED: 05/05/2025 undefined the date of receipt of this order.
10. Rule is made absolute to the aforesaid extent. Direct service permitted.
(DIVYESH A. JOSHI,J) VAHID Page 4 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 00:27:01 IST 2025