Gujarat High Court
Udesinh Badaraji Vaghela vs State Of Gujarat on 8 December, 2021
Bench: Ilesh J. Vora
R/CR.MA/21584/2021 ORDER DATED: 08/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 21584 of 2021
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UDESINH BADARAJI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
MR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS.SHRUTI PATHAK APP(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/12/2021
ORAL ORDER
[1] Ms.Bhavna Acharya, learned advocate states that
he has instructions to appear for and on behalf of respondent
No.2. She is permitted to file her appearance forthwith.
[2] Rule returnable forthwith. Learned APP and learned
advocate waive service of notice of Rule for and on behalf of
respondent Nos. 1 and 2 respectively.
[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 prayed quashing of the
judgment and order dated 17.11.2021 passed by the learned
3rd Additional Chief Judicial Magistrate, Himmatnagar in
Criminal Case No.3937 of 2018, whereby the petitioner has
been convicted and sentenced to undergo simple
imprisonment for 6 months and to pay fine of Rs.35,575/-, in
default, to undergo simple imprisonment for three months for
R/CR.MA/21584/2021 ORDER DATED: 08/12/2021
the offence punishable under Section 138 of the Negotiable
Instruments Act.
[4] 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.
[5] 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.
[6] 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.
[7] 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.
R/CR.MA/21584/2021 ORDER DATED: 08/12/2021
The judgment and order passed by the Court below i.e.
order dated 17.11.2021 passed by the learned 3 rd Additional
Chief Judicial Magistrate, Himmatnagar in Criminal Case
No.3937 of 2018 is hereby quashed and set aside. The
petitioner is acquitted for the offences under the provisions of
the Negotiable Instruments Act.
[8] The petitioner is directed to deposit Rs.4,000/- of
the cheque amount with the Gujarat State Legal Service
Authority within a period of 4 weeks from the date of receipt of
this order.
Direct service permitted.
(ILESH J. VORA,J)
Manoj
