Gujarat High Court
Maps Enzymes Limited vs State Of Gujarat on 3 September, 2021
Bench: Gita Gopi
R/SCR.A/7466/2021 ORDER DATED: 03/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7466 of 2021
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MAPS ENZYMES LIMITED
Versus
STATE OF GUJARAT
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Appearance:
MR RAJESH H SAHJANI(5376) for the Applicant(s) No. 1,2,3
MR. HARDIK MUCHHALA, ADVOCATE 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 : 03/09/2021
ORAL ORDER
1. Rule. Mr. Pranav Trivedi, learned APP and learned advocate
Mr. Hardik Muchhala waive service of notice of rule on behalf of
the respective respondents. With the consent of learned
advocates on both the sides, the matter is heard finally.
2. By way of this petition filed under Section 482 of the Code of
Criminal Procedure on the basis of compromise arrived at
between the parties, the petitioners, original accused in Criminal
Case No. 59569 of 2018, has prayed to quash and set aside the
judgment and order of conviction passed by the Court of learned
VIIth Additional Chief Judicial Magistrate and Additional Senior
Civil Judge, Surat dated 12.2.2020 and the warrant issued
thereon dated 28.06.2021, whereby the petitioners - original
accused came to be convicted for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881 (for short,
"the NI Act") and to pay a fine of Rs.3,25,000/-. In default of
payment of said fine amount, the petitioners have been
sentenced to undergo SI for 6 months and out of the said
R/SCR.A/7466/2021 ORDER DATED: 03/09/2021
amount, the petitioners shall pay Rs,3,25,000/- to the
complainant as compensation as provided under Section 357 of
Cr.PC.
3. The respondent-complainant, who has been identified by
learned advocate Mr. Hardik Muchhala, appeared before the
Court and stated that he has received the entire amount, as has
been directed by the Court below in the impugned judgment and
order of conviction and sentence.
4. The affidavit of Mr. Anand Gopidas Daga, Business -
Director of Aumgene Bio Sciences Private Limited- respondent
No.2 herein is placed on record. According to his affidavit, Rs.
3,25,000/- as per order of the Hon'ble Trial Court below by way of
Demand Draft is received by the respondent No.2 from the
petitioners herein and has further stated that he has no objection
if the proceedings of Criminal Case No. 59569 of 2018 along with
the judgment of conviction dated 12.2.2020 and warrant dated
28.6.2021 and all the subsequent proceedings are quashed and
set aside by the High Court.
5. Today, Mr. Ravindra Natthu Bagul, Accountant (authorised
person) is before this Court and he states that he has been
authorised to give consent as well as no objection in the
proceedings of Special Criminal Application No. 7466 of 2021 for
quashing and setting aside the proceedings of Criminal Case No.
59569 of 2018 along with judgment of conviction dated
12.2.2020, warrant dated 28.6.2021 and all the subsequent
proceedings arising thereof. Certified True Copy of the
R/SCR.A/7466/2021 ORDER DATED: 03/09/2021
Resolution passed at the meeting of Board of Directors of
Aumgene Bio Sciences Private Limited on 2 nd Day of September,
2021 is placed on record.
6. Learned advocate Mr. Rajesh Sahjani appearing for the
petitioners - accused, therefore, submitted that the impugned
judgment and order of conviction and sentence as well as the
warrant and all the subsequent proceedings arising thereof may
be quashed and set aside on the ground of settlement between
the parties.
7. Heard learned advocates on both the sides. Section 147 of the
NI Act deals with "Offences to be compoundable". It was inserted
by Act 55 of 2002 with effect from 06.02.2003. For ready
reference, Section 147 is reproduced hereunder:-
"147. Offences to be compoundable. - Notwithstanding
anything contained in the Code of Criminal Procedure, 1973
(2 of 1974), every offence punishable under this Act shall be
compoundable."
8. It would be apt to clarify that in view of the non-obstante
clause, the compounding of offences under the NI Act is
controlled by Section 147 and the scheme contemplated by
Section 320 of Cr.P.C. will not be applicable in the strict sense
since the latter is meant for the specified offences under the IPC.
So far as the Cr.P.C. concerned, Section 320 deals with offences
which are compoundable, either by the parties without the leave
of the court or by the parties but only with the leave of the
R/SCR.A/7466/2021 ORDER DATED: 03/09/2021
Court. Sub-section (1) of Section 320 enumerates the offences
which are compoundable without the leave of the Court, while
sub- section (2) of the said section specifies the offences which
are compoundable with the leave of the Court. Section 147 of the
NI Act is in the nature of an enabling provision which provides for
the compounding of offences prescribed under the same Act,
thereby serving as an exception to the general rule incorporated
in sub-section (9) of Section 320 of Cr.P.C. which states that "No
offence shall be compounded except as provided by this
Section". A bare reading of this provision would lead us to the
inference that offences punishable under laws other than the IPC
also cannot be compounded. However, since Section 147 was
inserted by way of an amendment to a special law, the same will
override the effect of Section 320(a) of the Cr.P.C. especially
keeping in mind that Section 147 carries a non- obstante clause.
9. In Damodar S. Prabhu v. Sayed Babalal H., AIR 2010 SC 1907,
the Apex Court held that Section 147 of the NI Act is in the
nature of an enabling provision and served as an exception to the
general rule incorporated in sub-section (a) of Section 320 of
Cr.P.C. Considering the facts and circumstances of the case and
the principle rendered in Damodar S. Prabhus's case (supra), the
offence in question could be compounded.
10. In the result, the petition is allowed. The impugned
judgment and order of conviction passed by the Court of learned
VIIth Additional Chief Judicial Magistrate and Additional Senior
Civil Judge, Surat, in Criminal Case No. 59569 of 2018 dated
12.2.2020, and the warrant issued thereon dated 28.06.2021, and
R/SCR.A/7466/2021 ORDER DATED: 03/09/2021
all the subsequent proceedings arising thereof is quashed and
set aside qua the present petitioners, in view of the settlement
arrived at between the parties. Rule is made absolute. Direct
service permitted.
(GITA GOPI,J)
SAJ GEORGE
