Gujarat High Court
Amitbhai Pagare vs The State Of Gujarat on 28 October, 2021
Bench: Ilesh J. Vora
R/CR.MA/19425/2021 ORDER DATED: 28/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19425 of 2021
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AMITBHAI PAGARE
Versus
THE STATE OF GUJARAT & 1 other(s)
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR SS VAYEDA 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 : 28/10/2021
ORAL ORDER
1. Rule returnable forthwith. Ms. SS Pathak, learned APP and Mr. SS
Vayeda, 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
02.04.2018 passed by the learned 3rd Additional Chief Judicial Magistrate
in Criminal Case No. 6213 of 2006, by which, the petitioner has been
convicted for 6 month SI and and also directed to pay double the amount
of cheque as a compensation to the complainant.
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
R/CR.MA/19425/2021 ORDER DATED: 28/10/2021
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 learned 3 rd Additional
Chief Judicial Magistrate in Criminal Case No. 6213 of 2006 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
