Gujarat High Court
Anand Pravinbhai Shah vs State Of Gujarat on 5 April, 2022
Bench: A.S. Supehia
R/CR.MA/5254/2022 ORDER DATED: 05/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 5254 of 2022
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ANAND PRAVINBHAI SHAH
Versus
STATE OF GUJARAT
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Appearance:
MR HITESH N ACHARYA(2302) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 05/04/2022
ORAL ORDER
1. Learned advocate Mr.Munjal Acharya appears on
behalf of the complainant. Registry shall accept
his vakaltnama. The complainant is present before
this Court.
2. RULE. Learned advocates appearing for the
respective parties waive service of Rule for the
respective respondents.
3. By way of the present application, the
applicant prays for quashing and setting aside
the impugned order dated 10.12.2019 passed by the
Additional Chief Metropolitan Magistrate in
Criminal Case No.40 of 2016 under Section 138 of
the Negotiable Instruments Act, 1988 (for short
"the N.I.Act") as well as all the other
consequential proceedings, which are arisen from
the impugned order.
R/CR.MA/5254/2022 ORDER DATED: 05/04/2022
4. At the outset, it is submitted that the
parties have amicably resolved the dispute. In
support of such submission made at bar by the
learned advocates appearing for the respective
parties, they have placed on record an affidavit
dated 26.02.2022 of settlement of dispute duly
signed by the respondent No.2 - complainant -
Rupesh Bhaidas Mehta. He has specifically stated
before this Court that he has settled the matter
with the applicant and he has no ill-will against
the present applicant. The complainant has
voluntarily made a statement that he has no undue
pressure and coercion from the applicant and he
has settled the matter with his free will.
5. Learned APP has opposed the quashing of the
complaint on the ground of settlement and has
placed reliance on the judgment of the Supreme
Court in the case of State of Madhya Pradesh V/s.
Laxmi Narayan, (2019) 5 SCC 688 in support of her
submissions.
6. Under the circumstances, since the
complainant does not want to proceed with the
proceedings, and he has settled the matter, the
chances of the conviction of the applicant are
very bleak and hence the further continuation of
the trial would be a futile exercise, and would
amount to abuse of process of law, the impugned
order is required to be quashed and set aside.
R/CR.MA/5254/2022 ORDER DATED: 05/04/2022
7. Resultantly, this application is allowed.
Impugned order 10.12.2019 passed by the
Additional Chief Metropolitan Magistrate in
Criminal Case No.40 of 2016 and all other
consequential proceedings arising out of said FIR
are hereby quashed and set aside qua the
applicant only. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
8. In view of the decision of the Apex Court in
the case of Damodar S.Prabhu Vs. Sayed Babalal H ,
(2010) 5 S.C.C. 663, 15% of the cheque amount
i.e. Rs.4,50,000/- shall be paid before the Legal
Aid authority. The same shall be deposited within
a period of three weeks. Registry shall report to
this Court with regard to compliance of the
direction issued by this Court.
9. Registry is directed to intimate the
concerned authority and the concerned Court about
the present order by sending a copy of this order
through Fax message, email and/or any other
suitable electronic mode.
10. Learned advocate for the applicant is also
permitted to send a copy of this order to the
concerned authority/Court through Fax message,
email and/or any other suitable electronic mode.
Sd/-
(A. S. SUPEHIA, J)
NVMEWADA
