Gujarat High Court
Ghanshyamsinh Madhavsinh Sindha vs State Of Gujarat on 24 September, 2021
Bench: Umesh A. Trivedi
R/CR.RA/530/2021 ORDER DATED: 24/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 530 of 2021
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GHANSHYAMSINH MADHAVSINH SINDHA
Versus
STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR DHRUV K DAVE(6928) for the Respondent(s) No. 2
MS CM SHAH ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 24/09/2021
ORAL ORDER
1. RULE. Ms. C.M.Shah, learned Additional Public Prosecutor, waives
service of notice of rule on behalf of respondent no.1 - State and Mr. Dhruv
Dave, learned advocate, waives service of notice of rule on behalf of
respondent no.2.
2. This Revision Application is directed against an order passed by the
learned 3rd Additional Senior Civil Judge & Additional Chief Judicial
Magistrate, Vadodara dated 4.5.2019 in Criminal Case No.8379 of 2015
convicting the applicant for an offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 and ordered him to undergo one year
Simple Imprisonment. Over and above that, Rs.5,50,000/-, being the cheque
amount, was ordered to be paid to the complainant as compensation and in
default of payment of compensation, he is ordered to further undergo three
R/CR.RA/530/2021 ORDER DATED: 24/09/2021
months Simple Imprisonment. The said judgment of conviction and order of
sentence was carried in Appeal being Criminal Appeal No. 129 of 2019,
which also came to be dismissed by the learned 13 th Additional Sessions
Judge, Vadodara vide order dated 17.7.2021. Both these orders are under
challenge in this Revision Application.
3. During pendency of this application, the matter was referred to
Gujarat High Court Mediation Centre for exploring possibility of overall
resolution of the dispute. The Memorandum of Understanding dated
17.9.2021 undertaken between the parties before the Mediator appointed by
this Court dated 23.8.2021 is taken on record along with the report of the
Mediator. Pursuant to an MOU, the cheque amount of Rs.5,50,000/- which
is deposited by the applicant before the trial Court pursuant to an order
passed by the Appellate Court, at that stage Rs.1,10,000/- was deposited and
subsequently pursuant to the Memorandum of Understanding Rs.4,40,000/-
is deposited by him on 17.8.2021 and a copy of which is produced by Mr.
Majmudar, learned advocate representing the applicant. At the same time, it
is stated in the MOU that if the judgment of conviction and order of
sentence passed against the applicant - accused is quashed and set aside, he
has no objection for the same.
R/CR.RA/530/2021 ORDER DATED: 24/09/2021
4. However, in view of compounding arrived at between the parties and
when the matter is settled between them, the trial Court is directed to pay the
aforesaid amount of Rs.5,50,000/- deposited before it by the applicant to the
complainant through Account Payee Cheque after ascertaining his identity
to which the applicant has no objection. As disclosed in the MOU, the
judgment of conviction and order of sentence passed by the learned
Magistrate is required to be quashed and set aside. In view of Section 147 of
the Negotiable Instruments Act, 1881, when offence is made compoundable,
the genuine compounding entered into between the parties is required to be
encouraged. Considering the MOU, it is clear that the compounding is
genuine, and therefore, the impugned judgment of conviction and order of
sentence passed by the learned 3 rd Additional Senior Civil Judge &
Additional Chief Judicial Magistrate, Vadodara dated 4.5.2019 in Criminal
Case No.8379 of 2015 confirmed by the learned 13 th Additional Sessions
Judge, Vadodara by order dated 17.7.2021 in Criminal Appeal No. 129 of
2019 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 acquitted of the charge levelled against
him. Since the compounding between the parties is arrived at revisional
stage before this Court, the applicant is required to be imposed cost in view
of the decision of the Hon'ble Supreme Court in the case of Damodar S.
R/CR.RA/530/2021 ORDER DATED: 24/09/2021
Prabhu Vs. Sayed Babalal reported in AIR 2010 SC 1907. The applicant is
required to deposit 10% of the cheque amount i.e. Rs.50,000/- towards costs
to the Gujarat State Legal Services Authority within a period of eight weeks
from today as he is not well of as asserted and confirmed by the
complainant. If the applicant fails to deposit the said amount within the
time prescribed, as aforesaid, he shall be taken into custody by issuing non-
bailable warrant by the learned trial Court and the present order shall stand
automatically recalled and he would serve the sentence. Registry is hereby
directed to issue final writ of this revision application after ascertaining that
the aforesaid cost amount is deposited by the applicant.
6. Accordingly, the present Criminal Revision Application shall stand
disposed of as allowed. Rule is made absolute to the aforesaid extent.
(UMESH A. TRIVEDI, J)
NAIR SMITA V.
