Ravi Swarupchand Sharma vs State Of Gujarat

Gujarat High Court

Ravi Swarupchand Sharma vs State Of Gujarat on 1 May, 2025

                                                                                                                   NEUTRAL CITATION




                             R/SCR.A/6302/2025                                     ORDER DATED: 01/05/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO.                            6302 of
                                                   2025
                       ==========================================================
                                                     RAVI SWARUPCHAND SHARMA
                                                              Versus
                                                     STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR SAMIR AFZAL KHAN(3733) for the Applicant(s) No. 1
                       MR CHINTAN DAVE, APP for the Respondent(s) No. 1
                       MR NAVED A SHAIKH, for the Respondent No. 2
                       ==========================================================
                            CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
                                              Date : 01/05/2025
                                                  ORAL ORDER

1. Learned advocate Mr. Naved A. Shaikh submits that he has got instructions to appear on behalf of respondent No.2 - original complainant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same.

2. By way of preferring present petition, the petitioner seeks to invoke extra-ordinary and inherent jurisdiction of this Court under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing and setting aside the judgment and order of conviction and sentence dated 31.01.2025 passed by learned 6th Additional Civil Judge and Judicial Magistrate First Class, Ahmedabad (Rural) in Criminal Case No.18703 of 2022 and terminating all the proceedings arising thereunder qua the petitioner.

NEUTRAL CITATION R/SCR.A/6302/2025 ORDER DATED: 01/05/2025 undefined

3. Rule. Learned advocates for the respective respondents waive service.

4. Learned advocate for the petitioner submits that total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - original complainant is present in the Court and is identified by learned advocate Mr. Shaikh. The learned advocate for the respondent No. 2 - original complainant states that the complainant has received the total cheque amount and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The complainant also filed an affidavit to that effect, which is placed on record.

5. Now, since matter is settled between the parties and due amount is paid to respondent No.2 - complainant and in view of the fact that offence under the N.I Act is now made compoundable, it is to be encouraged. Considering the affidavit, it is clear that the compounding is genuine, and therefore, the judgment and order of conviction and sentence dated 31.01.2025 passed by learned 6th Additional Civil Judge and Judicial Magistrate First Class, Ahmedabad (Rural) in Criminal Case No.18703 of 2022, is hereby quashed and set aside.

6. In view of sub-section (8) of Section 320 of the Code of Criminal Procedure, 1973, the petitioner is acquitted of the charge leveled against him.

NEUTRAL CITATION R/SCR.A/6302/2025 ORDER DATED: 01/05/2025 undefined

7. Since the compounding between the parties is arrived at this stage before this Court, a cost in required to be imposed on the petitioner in view of the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal reported in AIR 2010 SC 1907. As per the said decision, the petitioner is required to deposit 15% of the cheque amount. However, in view of para 17 of the said judgment, a discretion is granted to the competent Court to reduce the amount of cost or waive the same on specific facts and circumstances of a case.

8. Considering the reasons given by learned advocate for the petitioner, instead of imposing 15% of the cheque amount as cost, I deem it fit to impose 10% of the cheque amount as cost. Learned advocate of the petitioner has tendered an undertaking of the petitioner wherein he has shown his willingness to deposit 10% of the cheque amount.

9. Accordingly, the present petition is allowed subject to deposit of 10% of the cheque amount with the High Court Legal Services Committee within a period of ten days from today. Rule is made absolute to the aforesaid extent. Direct service permitted.

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