Gujarat High Court
Sajidahemad Abbasmiya Shekh vs State Of Gujarat on 6 May, 2025
NEUTRAL CITATION
R/SCR.A/6599/2025 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
6599 of 2025
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SAJIDAHEMAD ABBASMIYA SHEKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR M. M. BUKHARI(12833) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 06/05/2025
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 15.03.2025 passed by the learned Addl. Chief Judicial Magistrate, Vijapuar in Criminal Case No.132/2023, by which the petitioner has been convicted and ordered to undergo simple imprisonment.
4. Heard learned advocate, Mr. M.M. Bukhari for the applicant, learned APP Mr. Rohan Shah for respondent no.1 and learned advocate, Mr. Fahad A. Memon for respondent no.2, Page 1 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 01:43:31 IST 2025 NEUTRAL CITATION R/SCR.A/6599/2025 ORDER DATED: 06/05/2025 undefined 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. Memon 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 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 Page 2 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 01:43:31 IST 2025 NEUTRAL CITATION R/SCR.A/6599/2025 ORDER DATED: 06/05/2025 undefined 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 Court below i.e. the judgment and order dated 15.03.2025 passed by the learned Addl. Chief Judicial Magistrate, Vijapuar in Criminal Case No.132/2023 is 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 10% of the cheque amount with the Gujarat State Legal Service Authority within a period of four weeks from 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 3 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 01:43:31 IST 2025