Gujarat High Court
Atulbhai Gordhanbhai Patel vs State Of Gujarat on 26 August, 2021
Bench: Ashutosh J. Shastri
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 523 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In
R/CRIMINAL REVISION APPLICATION NO. 523 of 2021
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ATULBHAI GORDHANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MALAYKUMAR S PATEL(8901) for the Applicant(s) No. 1
MR DHARM K RAVAL(10689) for the Respondent(s) No. 2
MR JK SHAH, ADDL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 26/08/2021
ORAL ORDER
1. By way of present Criminal Revision Application under Section
397 read with Section 401 of the Code of Criminal Procedure, a
challenge is made by the applicant accused to the orders passed by
the Courts below and following prayers are made:-
(A) Your Lordships may be pleased to admit and allow this revision
application.
(B) Your Lordships may be pleased to allow this Criminal Revision
Application by quash and set aside the impugned order passed by
the Ld. 14th Additional Sessions judge, Vadodara, vide order
dated 30.07.2021 in criminal appeal NO. 106 of 2020, and also
quash and set aside the impugned order passed order passed by
the Ld. 6th Additional Chief judicial Magistrate, Vadodara, vide
order dated 10.02.2020 in criminal case no. 24609 of 2014 nd
accordingly pleased to passed an order cquit the present applicant
from to the alleged offence punishable under sec. 138 of N.I. Act,
in the interest of justice.
(C) Your Lordships may be pleased to allow this Criminal Revision
Application by passing the order to stay the implementation,
operation and execution of the order passed by the Ld. 14th
Additional Sessions judge, Vadodara, vide order dated 30.07.2021
in criminal appeal NO. 106 of 2020, and stay the implementation,
operation and execution order passed by the Ld. 6th Additional
Chief judicial Magistrate, Vadodara, vide order dated 10.02.2020
in criminal case no. 24609 of 2014 in the interest of justice.
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
(D) Any other relief deemed just and proper may please be granted in
the interest of justice.
2. The background of present revision application is that the
respondent No.2 had filed a complaint against the present applicant
under Section 138 of the Negotiable Instruments Act in the Court of
learned 6th Additional Chief Judicial Magistrate, Vadodara, which was
registered as Criminal Case No.24609 of 2014, in which after
conducting trial of the case, learned Trial Judge was pleased to pass
an order of conviction holding the applicant guilty of an offence for
which the complaint came to be filed and imposed a sentence of one
year simple imprisonment and also to pass an order to pay fine of
Rs.10,000/- and in default of payment of fine, imposed further 3
months simple imprisonment in addition thereto, also along with fine,
further ordered to pay compensation of Rs.2,50,000/- to the
complainant within a period of 30 days.
3. This order of conviction passed by learned Chief Judicial
Magistrate was challenged by the present applicant by preferring
Criminal Appeal No.106 of 2020. However, learned 14 th Additional
Sessions Judge, Vadodara, vide judgment and order dated 30.7.2021,
was pleased to confirm the order of learned Chief Judicial Magistrate
and dismissed the appeal by passing following order:-
• Appeal is partly allowed.
• Order passed by the Trial court in CC No.24609/14 dated 10-2-
2020 by 6th Add. Chief Judicial Magistrate. Vadodara convicting
the accused for the offence under section 138 of Negotiable
Instruments Act is hereby confirmed.
• Awarding compensation for sum of Rs.2,50,000/- under section
357 of Criminal Procedure Code is hereby confirmed. Further, if
the accused fails to pay the amount of compensation, he shall, in
default undergo simple imprisonment for 4 months.
• The punishment imposed by the Ld. Trial Judge for the said
offence to undergo simple imprisonment for one year is hereby
confirmed.
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
• Amount of fine for sum of Rs.10,000/- awarded by the Trial court
is hereby set aside. The said amount of fine of Rs.10,000/- is
hereby ordered to be given back to the accused.
• As per the order dated 6/3/2020, amount deposited by the
appellant be given to the respondent no.1 (original complainant)
after due verification, if any.
• Office to send back the LCR along with the copy of Judgment to
the trial court for needful action and for reference.
• Accused was on bail during the appeal period. He is directed to
surrender himself before the lower Court on or before 07/08/2021
for execution of sentence.
• Copy of the judgment be given to the accused or his lawyer free of
cost.
Pronounced in the open court on 30st of July 2021.
It is against these concurrent orders of the Courts below, the
present Criminal Revision Application is preferred.
4. During the course of pendency of this revision application, it
has been reported by both learned advocates appearing for the
respective sides that the matter is amicably settled between the
parties and certain amounts have been deposited by the applicant, as
ordered by the Court, vide order dated 6.8.2021, and the applicant
has further expressed his desire to clear the dues if some breathing
time is granted. During the course of hearing, complainant i.e. Mr.
Hemantbhai Ravjibhai Patel, has come out with an affidavit, sworn on
11.8.2021, indicating that since the applicant is ready and willing to
deposit the left out amount within 12 months and to that effect,
cheques have also been given by the applicant to the complainant, a
request is made to dispose of the proceedings in view of the
settlement. It has been indicated by learned advocate for the applicant
as well that on 10.8.2021, an amount of Rs.1,30,000/- is already paid
and the applicant will pay remaining Rs.1,20,000/- by 12 monthly
installments for which, cheques have already been given and as such
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
since the complainant is not interested in sending the applicant
behind bar, the revision application may be disposed of in terms of the
settlement. In addition to this, learned advocate has also expressed an
opinion that insofar as the amount which is to be deposited before the
Legal Services Authority, as per the mandate and guidelines of the
Hon'ble Apex Court, looking to the situation, which is prevailing of
financial crunch and in view of the fact that the complainant has also
given relaxation in making left out payment looking to the stringent
financial condition, the Court may kindly consider sympathetically
and in view of the observations made by the Apex Court, the said cost
either may be waived or some lumpsum amount may be prescribed
reasonably, so that the applicant can pay up and as such, has
requested to determine the said cost at Rs.15,000/- in lumpsum.
5. As against the aforesaid, learned advocate appearing on behalf
of the respondent No.2- original complainant has in terms stated
clearly on oath that the order of sentence be quashed and set aside in
view of the compromise which has taken place and is no longer
interested in prosecuting the matter any further and no ill-will or
grievance is left out since the cheques have been given in advance and
since the entire amount the applicant is going to pay, the proceedings
may be disposed of in terms of the settlement. Such affidavit has been
pointed out by learned advocate on behalf of respondent No.2 which is
at page 52, and as such, requested to just dispose of the revision
application.
6. Learned Additional Public Prosecutor Mr. J.K. Shah appearing
on behalf of the respondent- State has submitted that since, basically
inter-se parties have settled their dispute, such terms may be given an
effect, but since the settlement has taken place at the High Court
stage, cost may be imposed upon, to be paid to the Legal Services
Authority, and accordingly, has left to the discretion of the Court.
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
7. Having heard learned advocates appearing for the parties and
having gone through the contents of the affidavit and also having gone
through the submission made by learned advocates, it appears that
the parties have inter-se settled their dispute and to give effect to such
settlement, even cheques have been given in advance to the
complainant by the applicant and the said assertion is clearly visible
from para 2 of the affidavit filed by the complainant and since the
complainant has also requested to the Court to dispose of the
proceedings by setting aside the impugned order of conviction, as
indicated in para 4, the Court is of the view that present proceedings
deserve to be disposed of as the dispute no longer survives.
8. In one of the decision which has been tendered before the
Court, relying upon the observations made by the Hon'ble Supreme
Court in the case of State of Karnataka v. L. Muniswamy & Ors. ,
reported in AIR 1977 SC 1489, it has been propounded that keeping
in view a salutary public purpose, the High Courts' have inherent
powers both in civil and criminal matters to dispose of the
proceedings. The relevant extract from the said decision contained in
para 6 in the case of Shaileshkumar Ishwarbhai Chauhan v. State of
Gujarat reported in 2006 JX (Guj) 497, is reproduced hereunder :-
"6. This court in the matter of Nitinbhai Mathurdas Thakkar &
Others v. State of Gujarat and others, reported in 2005(3) GLR
2377, has quashed the complaint when there was a
compromise. The Hon'ble the Apex Court in the matter of State
of Karnataka v. L. Muniswamy & others, reported in AIR 1977
SC 1489 has observed in para 7 as under :-
"7. ....... In the exercise of this wholesome power, the
High Court is entitled to quash a proceeding if it come to the
conclusion that allowing the proceeding to continue would be
an abuse of process of the Court or that allowing the
proceeding to continue would be an abuse of the process of the
Court or that the ends of justice require that the proceeding
out to be quashed. The saving of the High Court's inherent
powers, both in civil and criminal matters is designed to
achieve a salutary public purpose which is that a court
R/CR.RA/523/2021 ORDER DATED: 26/08/2021
proceeding ought not to be permitted to degenerate into a
weapon of harassment or persecution........"
9. However, while disposing of the present Criminal Revision
Application in terms of the settlement, the Court is inclined to
consider the mandate of the Hon'ble Apex Court indicated in the case
reported in (2010)5 SCC 663 and keeping in view the observations
contained in para 25, in view of the peculiar background of financial
hardship of the applicant and in view of the specific consent given by
the opponent, an amount of Rs.15,000/- (Rupees Fifteen Thousand
only) is to be deposited before the High Court Legal Services Authority
within a period of FOUR WEEKS from today and to that effect within a
period of ONE WEEK, an undertaking is to be submitted, to be kept
on record of the present proceedings.
10. In view of the aforesaid circumstance, present Criminal Revision
Application stands ALLOWED in terms of the settlement. The
impugned orders passed by learned 14th Additional Sessions judge,
Vadodara order dated 30.07.2021 in Criminal Appeal No.106 of 2020
and passed by learned 6th Additional Chief Judicial Magistrate,
Vadodara dated 10.02.2020 in Criminal Case No.24609 of 2014 are
hereby quashed and set aside and accordingly the applicant is
acquitted in view of Section 320(8) of the Code of Criminal Procedure
for the offence for which the applicant was convicted.
11. Since the main Criminal Revision Application is disposed of, no
order is passed on the Criminal Misc. Application and the same
stands disposed of accordingly.
(ASHUTOSH J. SHASTRI, J)
OMKAR
