Gujarat High Court
Vijay Babaldas Rawat vs State Of Gujarat on 28 September, 2021
Bench: Umesh A. Trivedi
R/CR.RA/618/2021 JUDGMENT DATED: 28/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 618 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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VIJAY BABALDAS RAWAT
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH R RAVAL(1250) for the Applicant(s) No. 1
DS AFF.NOT FILED (N)(11) for the Respondent(s) No. 2
MS JIRGA JHAVERI ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
Date : 28/09/2021
ORAL JUDGMENT
Mr.Jucky Lucky Chan, learned advocate has instructions to
appear on behalf of Mr.Gaurang Chimanlal Solanki, Respondent No.2
herein and he is in process of filing his appearance. Mr.Gaurang
Chimanlal Solanki is present before the Court and duly identified by
the learned advocate representing him.
R/CR.RA/618/2021 JUDGMENT DATED: 28/09/2021
Rule. Ms.Jirga Jhaveri, learned Additional Public Prosecutor
waives service of rule on behalf of Respondent No.1-State and
Mr.Jucky Lucky Chan, learned advocate waives service of rule on
behalf of Respondent No.2.
This Revision Application is directed against impugned
judgment and order dated 5.12.2019 passed by learned 4 th Additional
Chief Judicial Magistrate, Gandhinagar in Criminal Case No.4924 of
2015 confirmed by learned 3rd Additional District & Sessions Judge,
Gandhinagar vide judgment and order dated 31.07.2021 passed in
Criminal Appeal No.4 of 2020 convicting the applicant for an offence
punishable under Section 138 of the Negotiable Instruments Act,
1881 (herein after referred to as 'the Act') and ordered him to
undergo 2 years simple imprisonment. Over and above that,
Rs.3,00,000/- 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 six months simple
imprisonment. Both these orders are under challenge in this
Revision Application.
During pendency of this application, the parties have settled
the dispute outside the Court. The settlement deed signed by both
the parties who are present in the Court and duly identified by their
respective advocates state that the agreed amount between the
parties has to be paid to complainant, and therefore, there is no
grievance remaining to be resolved further. The Respondent No.2 -
complainant has also filed affidavit along with the aforesaid
settlement deed, which are taken on record. At the same time, it is
stated in the affidavit that if the judgment of conviction and order of
sentence passed against the applicant-accused is quashed and set
R/CR.RA/618/2021 JUDGMENT DATED: 28/09/2021
aside, he has no objection for the same.
However, in view of compounding arrived at between the
parties and when the matter is settled between them, pursuant to
which the cheque amount is already agreed to be paid to the
complainant, as disclosed in the affidavit, the judgment of conviction
and order of sentence passed by the learned Judge 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 affidavit, it is clear that the
compounding is genuine, and therefore, the impugned judgment of
conviction and order of sentence passed by the learned 4 th Additional
Chief Judicial Magistrate, Gandhinagar dated 05.12.2019 in Criminal
Case No.4924 of 2015 confirmed by the learned 3 rd Additinoal
Sessions Judge, Gandhinagar by order dated 31.07.2021 in Criminal
Appeal No. 4 of 2020 are hereby quashed and set aside.
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.
The applicant-accused on 4.1.2020 deposited Rs.30,000/-
before the District Court, Gandhinagar as recorded in the order
below application Exh.4 in Criminal Appeal No.4 of 2020 which is at
page 29 and again on 29.01.2020, the petitioner - accused had
deposited Rs.30,000/- with the said Court. In all Rs.60,000/- is
already deposited by the petitioner - accused. Over and above that,
before this Court, the petitioner-accused has deposited Rs.3,00,000/-
which is the cheque amount in question through demand draft on
14.09.2021. As per the terms of settlement agreed between the
R/CR.RA/618/2021 JUDGMENT DATED: 28/09/2021
parties, Respondent No.2 herein is to be paid Rs.3,00,000/- cheque
amount from this Court. Therefore, Registry is directed to pay to the
Respondent No.2 - complainant Rs.3,00,000/- through electronic
mode or through account payee cheque after ascertaining the
identity. Out of the amount of Rs.60,000/- which is deposited before
the District Court, Rs.45,000/- therefrom shall be remitted to the
Gujarat State Legal Services Authority towards the cost which is
15% of the cheque amount in view of the decision in the case of
Damodar S. Prabhu Vs. Sayed Babalal reported in AIR 2010 SC
1907. Remaining amount of Rs.15,000/- shall be refunded to the
applicant-accused by the Court concern through electronic mode or
account payee cheque after ascertaining the identity.
Accordingly, the present Criminal Revision Application shall
stand disposed of as allowed. Rule is made absolute to the aforesaid
extent.
Direct service is permitted.
(UMESH A. TRIVEDI, J)
ASHISH M. GADHIYA
