Manojkumar Jayantibhai Parmar vs State Of Gujarat
2022 Latest Caselaw 4247 Guj

      R/CR.MA/4797/2022                             ORDER DATED: 19/04/2022




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL MISC.APPLICATION NO. 4797 of 2022

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                          MANOJKUMAR JAYANTIBHAI PARMAR
                                     Versus
                                STATE OF GUJARAT
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Appearance:
MR. HARSHAD D BAROT(7287) for the Applicant(s) No. 1
MS C.B. PATANI(7198) for the Respondent(s) No. 2
MS.KRINA CALLA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 19/04/2022

                                  ORAL ORDER

[1] Rule returnable forthwith. Learned APP and learned advocate waive service of notice of Rule for and on behalf of respondent Nos. 1 and 2 respectively.

[3] 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 prayed quashing of the judgment and order dated 03.12.2021 passed by the learned 5th Additional Judicial Magistrate, First Class, Himmatnagar, Sabarkantha in Criminal Case No.218 of 2015, whereby the petitioner has been convicted and sentenced to undergo simple imprisonment for a period of 6 months and to pay fine of Rs.65,380/- and in default, to undergo further simple imprisonment for three months for the offence punishable under Section 138 of the Negotiable Instruments Act.

[4] It appears that the settlement has been arrived at between the complainant and present petitioner and the entire

R/CR.MA/4797/2022 ORDER DATED: 19/04/2022

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 the offence. Accordingly, the petitioner by filing this petition, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

[5] 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.

[6] 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.

[7] Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the petition is allowed. The judgment and order passed by the Court below i.e. order dated 03.12.2021 passed by the learned 5th Additional Judicial Magistrate, First Class, Himmatnagar, Sabarkantha in Criminal Case No.218 of 2015, is hereby quashed and set aside. The petitioner is acquitted for the offences under the provisions of the Negotiable Instruments Act.

R/CR.MA/4797/2022 ORDER DATED: 19/04/2022

[8] The petitioner is directed to deposit Rs.5000/- of the cheque amount with the Gujarat State Legal Service Authority within a period of 10 days from the date of receipt of this order. Rule is made absolute to the aforesaid extent.

Direct service permitted.

(ILESH J. VORA,J) Manoj