Gujarat High Court
Amrut @ Kumar Ashokbhai Taglani vs State Of Gujarat on 6 December, 2021
Bench: Ilesh J. Vora
R/SCR.A/3369/2021 ORDER DATED: 06/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 3369 of 2021
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2021
In
R/SPECIAL CRIMINAL APPLICATION NO. 3369 of 2021
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AMRUT @ KUMAR ASHOKBHAI TAGLANI
Versus
STATE OF GUJARAT
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Appearance:
MR PS PATEL(643) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS SS PATHAK APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 06/12/2021
ORAL ORDER
1. Draft amendment is granted. The same shall be carried out
forthwith.
2. Rule returnable forthwith. Ms. SS Pathak, learned APP waives
service of notice of Rule for and on behalf of respondent No. 1.
3. By this application under Articles 226 and 227 of the Constitution
of India, read with Section 482 of the Code of Criminal Procedure, the
petitioner has sought quashing of the judgment and order dated
21.01.2021 passed by the learned Principal District Judge, Nadiad in PH
Application No. 1 of 2021, whereby, the learned Judge has rejected the
application and the judgment and order dated 12.03.2020 passed by the
learned 4th Additional Chief Judicial Magistrate, Nadiad in Criminal Case
No. 5854 of 20214, by which, the petitioner has been convicted for 1 year
SI and also awarded compensation of Rs.16,99,504/- to the petitioner and
R/SCR.A/3369/2021 ORDER DATED: 06/12/2021
directed the petitioner to deposit the said amount within 30 days and in
default, further for 3 months.
3. 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 placed on record. The
complainant do 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.
4. The petitioner also submits that the Company is 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.
5. 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.
6. Thus, taking into account the fact of settlement, the compounding
of the offence is hereby permitted. As a result, the petition is allowed.
Rule is made absolute to aforesaid extent. The judgment and order dated
12.03.2020 passed by the learned 4th Additional Chief Judicial
Magistrate, Nadiad in Criminal Case No. 5854 of 20214 is hereby
quashed and set aside. The petitioner is acquitted of the offences under
R/SCR.A/3369/2021 ORDER DATED: 06/12/2021
the provisions of the Negotiable Instruments Act. The petitioner is
directed to deposit Rs.1,50,000/- with the Gujarat State Legal Service
Authority within a period of 4 weeks from the date of receipt of this
order. Direct service permitted.
7. In view of the order passed in main matter, no order in Cri. Misc.
Application No. 1 of 2021 and is disposed of accordingly.
(ILESH J. VORA,J)
P.S. JOSHI
