Gujarat High Court
Amrutbhai Maisuriya @ Ashokbhai vs State Of Gujarat on 1 May, 2025
NEUTRAL CITATION
R/SCR.A/5294/2025 ORDER DATED: 01/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
5294 of 2025
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AMRUTBHAI MAISURIYA @ ASHOKBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHAIVAL M PATEL(9950) for the Applicant(s) No. 1
MR YASH N NANAVATY(5626) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 01/05/2025
ORAL ORDER
1. 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 20.02.2025 passed by learned Judicial Magistrate First Class, Dholera, Ahmedabad in Criminal Case No.130 of 2021 and terminating all the proceedings arising thereunder qua the petitioner.
2. Rule. Learned advocates for the respective respondents waive service.
3. Learned advocate Mr. Shaival Patel for the petitioner Page 1 of 3 Uploaded by A. B. VAGHELA(HC01079) on Mon May 05 2025 Downloaded on : Mon May 05 23:51:37 IST 2025 NEUTRAL CITATION R/SCR.A/5294/2025 ORDER DATED: 01/05/2025 undefined states that total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - original complainant is present before the Court and is identified by learned advocate Mr. Darshil Shah, who appears for Mr. Yash Nanavaty, learned advocate for the respondent no.2. 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.
4. 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 20.02.2025 passed by learned Judicial Magistrate First Class, Dholera, Ahmedabad in Criminal Case No.130 of 2021 is hereby quashed and set aside.
5. 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 her.
6. Since the compounding between the parties is arrived at this stage before this Court, the petitioner is required to be Page 2 of 3 Uploaded by A. B. VAGHELA(HC01079) on Mon May 05 2025 Downloaded on : Mon May 05 23:51:37 IST 2025 NEUTRAL CITATION R/SCR.A/5294/2025 ORDER DATED: 01/05/2025 undefined imposed cost 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.
7. 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 for the petitioner produced a copy of undertaking filed by the petitioner and submitted that the petitioner is ready and willing to deposit 10% of the cheque amount before the Gujarat State Legal Services Authority. The undertaking filed by the petitioner is ordered to be taken on record.
The petitioner is directed to deposit 10% of the cheque amount before the Gujarat State Legal Services Authority within a period of one week from the date of order.
8. Accordingly, the present petition is allowed. Rule is made absolute to the aforesaid extent. Direct service permitted.
(DIVYESH A. JOSHI,J) A. B. VAGHELA Page 3 of 3 Uploaded by A. B. VAGHELA(HC01079) on Mon May 05 2025 Downloaded on : Mon May 05 23:51:37 IST 2025