Gujarat High Court
Kaplon Overseas Thro Viral ... vs State Of Gujarat on 27 October, 2021
Bench: Ilesh J. Vora
R/SCR.A/10659/2021 ORDER DATED: 27/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 10659 of 2021
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KAPLON OVERSEAS THRO VIRAL AMBALAL JAYSWAL
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR HARISH SONI, 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 : 27/10/2021
ORAL ORDER
1. Rule returnable forthwith. Ms. SS Pathak, learned APP and Mr.
Harish Soni, learned advocate waives service of notice of Rule for and on
behalf of respondent Nos. 1 and 2 respectively.
2. 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
22.09.2021 passed by the learned Judicial Magistrate, First Class,
Umreth, by which, the petitioner has been convicted for 10 months SI and
also directed to pay Rs.2,00,000/- to the complainant as a compensation.
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
R/SCR.A/10659/2021 ORDER DATED: 27/10/2021
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 order passed by
the Courts below i.e. order dated 22.09.2021 and warrant issued by the
trial Court, are hereby quashed and set aside. The petitioner is acquitted
of the offences under the provisions of the Negotiable Instruments Act.
The petitioner is directed to deposit 10% 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)
P.S. JOSHI
