Gujarat High Court
Lavesh Rameshbhai Bhanushali vs State Of Gujarat on 22 October, 2021
Bench: Umesh A. Trivedi
R/CR.RA/651/2021 ORDER DATED: 22/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 651 of 2021
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LAVESH RAMESHBHAI BHANUSHALI
Versus
STATE OF GUJARAT
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Appearance:
MALAV M MULANI(8844) for the Applicant(s) No. 1
DHRUVIN P BHUPTANI(8295) for the Respondent(s) No. 2
MS C. M. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 22/10/2021
ORAL ORDER
1. RULE. Learned APP Ms. C. M. Shah, waives service of notice
of rule for and on behalf of respondent No.1- State of Gujarat
as also learned advocate Mr. Dhruvin Bhuptani, waives
service of notice of rule for and on behalf of respondent No.2-
original complainant.
2. This revision application is directed against the judgment of
conviction and order of sentence dated 19.10.2016 passed by
the learned Judicial Magistrate First Class, Mandvi in
Criminal Case No.96 of 2014 convicting the petitioner-accused
for an offence under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to as 'the Act') and
directed him to undergo simple imprisonment of one year,
and in default of payment of cheque amount, he is ordered to
undergo further three months of simple imprisonment. The
R/CR.RA/651/2021 ORDER DATED: 22/10/2021
said order has been confirmed by the learned 10th Additional
Sessions Judge, Kuchchh at Bhuj vide judgment and order
dated 31.08.2021 rendered in Criminal Appeal No.24 of 2016.
Hence, both these orders are under challenge before this
Court.
3. Mr. Dhruvin Bhuptani, learned advocate for respondent No.2
has placed on record an affidavit affirmed on 11.10.2021 by
the respondent no.2 herein, who is personally present before
the Court and duly identified by Mr. Dhruvin Bhuptani,
learned advocate. The affidavit is taken on record. It is stated
in the affidavit that the dispute is settled between the parties
and respondent no.2 herein has received the adequate
compensation against the cheque in question and he has no
objection if this Revision Application is allowed and the
judgment of conviction and order of sentence recorded by the
Competent Court and confirmed by the Appellate Court is set
aside.
4. Since the matter is settled between the parties and in view of
Section 147 of 'the Act', the offence is made compoundable,
now the settlement arrived at between the parties is required
to be encouraged. In view of the compromise deed affirmed
by the original complainant as per the terms recorded therein,
the applicant - accused has paid the amount as stated in it. It
is further stated therein that the respondent No.2-original
complainant is not interested in sending the applicant in jail
and he has no objection if the judgment of conviction and
R/CR.RA/651/2021 ORDER DATED: 22/10/2021
order of sentence imposed upon the applicants - accused is
quashed and set aside. In view of the settlement arrived at
between the parties, the judgment of conviction and order of
sentence dated 19.10.2016 passed by the learned Judicial
Magistrate First Class, Mandvi in Criminal Case No.96 of 2014
as also the judgment and order dated 31.08.2021 passed by the
10th Additional Sessions Judge, Kuchchh at Bhuj in Criminal
Appeal No.24 of 2016, are hereby quashed and set aside.
5. In view of sub- Section (8) of Section 320 of the Code of
Criminal Procedure, 1973, the applicant is hereby acquitted
from all the charges levelled against him.
6. Though compounding under Section 147 of the Act is made
permissible, in view of judgment of the Hon'ble Supreme
Court in the case of Damodar S. Prabhu vs Sayed Babalal
reported in AIR 2010 SC 1907, the accused is required to pay
cost to be deposited with Gujarat State Legal Services
Authority at the rate of 15% of cheque amount. Therefore,
ends of justice would be met, if the amount of Rs.1,20,000/-
(Rupees One Lakh Twenty Thousand only) be deposited by
the petitioner to the Gujarat State Legal Services Authority
within a period of eight weeks from today.
7. The application stands allowed. Rule is made absolute to the
above extent. Direct service is permitted.
(UMESH A. TRIVEDI, J)
MEHUL
