Gujarat High Court
Rameshbhai Devjibhai Vekariya vs Kisorbhai Lathabhai Khuti on 26 April, 2022
Bench: B.N. Karia
R/CR.RA/301/2022 ORDER DATED: 26/04/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 301 of 2022
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RAMESHBHAI DEVJIBHAI VEKARIYA
Versus
KISORBHAI LATHABHAI KHUTI
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Appearance:
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR MAHESH K POOJARA(5879) for the Respondent(s) No. 1
MR.HARDIK SONI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 26/04/2022
ORAL ORDER
1. By way of present Criminal Revision Application, applicant
has challenged the judgement and order dated 22.8.2015 passed in
Criminal Case No. 119 of 2013 by learned 7 th Additional Chief
Judicial Magistrate, Rajkot convicting the applicant for the offence
punishable under Section 138 of the Negotiable Instruments Act (for
short "N.I.Act") as well as judgement and order dated 25.2.2022
passed in Criminal Appeal No.186 of 2015 by learned 14 th
Additional Sessions Judge, Rajkot wherein, the learned First
appellate Court has been pleased to partly allowed the said appeal
and confirmed the judgement and order of conviction and sentence
passed by the learned trial Court.
2.. Today, respondent No.1 Kishorbhai Lathabhai Khuti was
R/CR.RA/301/2022 ORDER DATED: 26/04/2022
present before this Court and he has identified by learned advocate
for the the respondent No.1. He has filed affidavit dated 9 th April,
2022. Learned advocate for the respondent No.1 has identified the
signature of the respondent No.1 in the affidavit which was executed
before the Notary on 9th April, 2022. Respondent No.1 has no
objection if impugned judgement and orders passed by the Court
below are quashed by this court in view of settlement arrived at
between them.
3. In the Affidavit filed by respondent No.1- Kishorbhai
Lathabhai Khuti, it is stated that:-
"2. I say and submits that as I am the original complainant
aware about the facts filing this affidavit. I say and submit that
petitioner in captioned petition have filed Criminal Revision
Application. I say and submit that after registration of the
above referred complaint now dispute between us came to be
amicably settled between us with the help of friends, relatives
and people of community and now no ill will or grievance
exist amongst us further myself and petitioner known to each
other since long and in view of this settlement if Hon'ble
Court pleased to quash and set aside the Criminal Case No.
119 of 2013 pending before the learned 7 th Additional Chief
Judicial Magistrate Court and further proceeding arising out of
the same, I have no objection and also I have no objection for
final disposal of said Criminal Revision Application by this
Hon'ble Court. I am filing this affidavit on my free will and
wish without any undue pressure.
R/CR.RA/301/2022 ORDER DATED: 26/04/2022
3. It is further submitted that as per the order of this
Hon'ble Court petitioner has deposited Rs.2.00 Lacs before the
learned trial Court that may be allowed to be withdrawn by the
undersign and now I have received all amount and I have no
any grudge or animosity and I do not want to proceed with the
138 proceeding and I have no objection.
4. It is further submitted that the respondent No.1 declared
that he does not have any objection if the said revision
application may be allowed in favour of applicant as there is
no surviving grievance against the applicant by respondent
No.1.
5. It is further submitted that the matter between the parties
is amicably settled and respondent no.1 is giving no objection
in this revision application it may be allowed in the interest of
justice.
4 Learned advocates for the respective parties also confirm that
the settlement is arrived at between the parties and stated that the
dispute is amicably settled and nothing requires to be adjudicated on
merits by this Court. Therefore, they have requested this Court to
dispose of this Revision Application by quashing and setting aside
the impugned judgement and orders challenged in the present
revision application.
5. Learned APP has objected the arguments advanced by learned
advocates appearing for the respective parties and submitted that
after considering the evidence of the complainant as well
documentary evidence, a clear conviction was rightly held by both
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the Courts below and requested to pass necessary order.
6. The Apex Court in the case of Vinay Devanna Nayak V/s
Ryot Seva Sahakari Bank Ltd. reported in AIR 2008 SC 716 has
observed as under in paras 17 and 18 of the judgment :
"17. As observed by this Court in Electronic Trade & Technology
Development Corporation Ltd. V. Indian Technologists and Engineers,
(1996) 2 SCC 739, the object of bringing Section 138 in the statute book
is to inculcate faith in the efficacy of banking operation and credibility
in transacting business on negotiable instruments. The provision is
intended to prevent dishonesty on the party of the drawer of negotiable
instruments in issuing cheques without sufficient funds or with a view to
inducing the payee or holder in due course to act upon it. It thus seeks to
promote the efficacy of banking operations and ensures credibility in
transacting business through cheques. In such matters,therefore,
normally compounding of offences should not be denied. Presumably,
Parliament also realized this aspect and inserted Section 147 by the
Negotiable Instruments (Amendment and Miscellaneous Provisions)
Act, 2002 (Act 55 of 2002)".
18.Taking into consideration even the said provision (Section 147) and
the primary object underlying Section 138, in our judgment, there is no
reason to refuse compromise between the parties. We therefore dispose
of the appeal on the basis of the settlement arrived at between the
appellant and the respondent."
7. Applying the ratio of the aforesaid decision of the Apex Court
to the facts of the present case, I am of the opinion that the revision
application is required to be allowed and the parties be permitted to
compound the offence.
8. Considering the facts of the case, submissions made by learned
advocates for the applicants and respondent No.1 as well as learned
APP, it appears that the dispute is settled between the parties..
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9. In the result, the revision application is allowed. The judgment
and order dated 22.8.2015 passed in Criminal Case No. 119 of
2013 by learned 7th Additional Chief Judicial Magistrate, Rajkot
as well as judgement and order dated 25.2.2022 passed in Criminal
Appeal No.186 of 2015 by learned 14th Additional Sessions Judge,
Rajkot stand quashed and set aside. The applicant-accused is
acquitted of the charge under Section 138 of the Negotiable
Instruments Act except he is not convicted in connection with any
other offence.
10. Learned advocate for the respondent No.1 requests to permit
the respondent No.1 to withdraw the amount deposited by the
applicant. Learned advocate for the applicant has no objection if this
amount is withdrawn by the respondent No.1.
11. Amount of Rs.2,00,000/- deposited by the applicant shall be
released by the trial Court in favour of the respondent No.1 after
due verification.
12. Amount of compensation as ordered by the trial Court shall be
modified to the extent that applicant shall pay Rs. 50,000/- before
the trial Court within a period of 4 weeks from the date of passing of
this order and said amount shall be permitted to be withdrawn by the
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respondent no.1 before the trial Court.
Direct service is permitted.
(B.N. KARIA, J)
BEENA SHAH
