Gujarat High Court
Mansukhlal S/O. Natwarlal Patel vs State Of Gujarat on 28 July, 2021
Bench: Gita Gopi
R/SCR.A/6056/2021 ORDER DATED: 28/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6056 of 2021
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MANSUKHLAL S/O. NATWARLAL PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR.KISHORE PRAJAPATI(6305) for the Applicant(s) No. 1
MR DAIFRAZ HAVEWALLA(3982) for the Respondent(s) No. 2
MR. PRANAV TRIVEDI, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/07/2021
ORAL ORDER
1. Rule. Mr. Pranav Trivedi, learned Additional Public
Prosecutor and Mr. Daifraz Havewalla, learned advocate, waive
service of notice of rule on behalf of respondents Nos.1 & 2
respectively.
2. This application has been filed under section 482 of the
Code of Criminal Procedure for quashing and setting aside the
judgment and order dated 22.8.2019 passed in Criminal Case
No. 1370 of 2013 by learned Additional Chief Judicial
Magistrate, Deesa, which was a proceedings under the
Negotiable Instruments Act. The Petitioner was sentenced to
undergo simple imprisonment of 1 year and fine of
Rs.49,61,498/- and in default to undergo simple imprisonment
of 6 months and the fine amount to be paid to the complainant
as compensation.
3. Mr. Kishore Prajapati, learned advocate for the applicant,
submitted that the negotiation of settlement was undertaken
and during the course of negotiation, some amount was given
to show his bonafide and thereafter the petitioner paid the
R/SCR.A/6056/2021 ORDER DATED: 28/07/2021
total outstanding amount of the loan Account No. 31433 with
Deesa Mercantile Cooperative Society Ltd. and for that
purpose, the Chairman of the Deesa Mercantile Cooperative
Society Ltd.,- respondent No.2 had given 'No Due Certificate'
dated 12.4.2021. Respondent No.2 by way of the Clerk of the
Deesa Mercantile Cooperative Society Ltd., and an authorised
signatory has filed his affidavit on record, acknowledging the
fact that the Deesa Mercantile Cooperative Society has
received all the dues of the amount payable as per the
compromise and there is no due pending of the Petitioner and
the Society has shown willingness not to prosecute him.
4. As per the record, the petitioner was sentence in Criminal
Case No. 1370 of 2013 on 22.8.2019 and it appears that
thereafter no amount has been paid. It has been very candidly
submitted by Mr. Kishore Prajapati, learned advocate for the
petitioner that owing to Pandemic the Petitioner could not
submit himself before the trial Court after the sentence and
since the amount has been paid and no due remains, Mr.
Prajapati submitted that while exercising the inherent
jurisdiction of this Court and expressing the magnanimity of
the power of the Court, the conviction and sentence be set-
aside as the offence is compoundable in view of the provision
under Section 147 of the Negotiable Instruments Act and such
power can be exercised by the Court in all the course of the
proceedings between the parties.
5. Mr. Daifraz Havewalla, referring to the affidavit of Mr.
Pratikbhai Modi S/o. Ramnikbhai Modi, Clerk of respondent
Society and authorised signatory of respondent Society in
accordance with letter dated 18.6.2021, submitted that the
R/SCR.A/6056/2021 ORDER DATED: 28/07/2021
said deponent had appeared before this Court on 14.7.2021
and the factum of settlement was affirmed by this Court and
deponent authorised representative of the Cooperative Bank
had confirmed settlement and had even expressed that the
Society has not objection if the impugned judgment and order
of conviction is quashed by this Court.
6. In case of Damodar S. Prabhu v. Sayed Babalal H.,
reported in (2010) 5 SCC 663, it has been observed that
Section 147 of the Act is in the nature of an enabling provision
which provides for the compounding of offences prescribed
under the same Act and thereby serving as an exception to the
general rule incorporated in sub-section (a) of Section 320 of
the Code of Criminal Procedure which state that "No offence
shall be compounded except as provided by this section",
since section 147 was inserted by way of an amendment to a
special law, the same will override the effect of sub-section (a)
of section 320 of the Code of Criminal Procedure Code.
5. Since the petitioner has paid the outstanding dues of the
loan Account and 'No Due Certificate' has been issued by the
respondent No.2, and the respondent No.2 has consented to
compound offence in view of the provisions of Section 147 of
the Negotiable Instruments Act and exercising the inherent
jurisdiction of this Court under Section 482 of Code of Criminal
Procedure, the conviction and sentence dated 22.8.2019 in
Criminal Case No. 1370 of 2013 passed by the Additional Chief
Judicial Magistrate, Deesa is quashed and set-aside. Rule is
made absolute.
(GITA GOPI,J)
SAJ GEORGE
