Vitthalbhai Kanjibhai Dubhill vs State Of Gujarat
2022 Latest Caselaw 7053 Guj

     R/SCR.A/8283/2022                               ORDER DATED: 05/08/2022




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/SPECIAL CRIMINAL APPLICATION NO. 8283 of 2022
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              VITTHALBHAI KANJIBHAI DUBHILL
                             Versus
                       STATE OF GUJARAT
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                            Date : 05/08/2022
                             ORAL ORDER

1) RULE returnable forthwith. Mr. Trivedi, learned APP and Mr.A.N.Kadri, learned advocate waives service of notice of Rule for and on behalf of respondent Nos. 1 and 2 respectively.

2) 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 sought quashing of the judgment and order dated 20.07.2022 passed by Judicial Magistrate First Class Court & Negotiable Instrument Act Court, Naswadi in Criminal Case No. 1182 of 2012, whereby, the Court below has allowed the criminal case filed by the complainant and the petitioner herein-original respondent has been convicted for three months simple imprisonment and also directed to pay the cheque amount of Rs.82,835/- as a compensation to the complainant.

3) It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount has been

R/SCR.A/8283/2022 ORDER DATED: 05/08/2022

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.

4) 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.

5) 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.

6) Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the petition is allowed. Rule is made absolute. The judgment order passed by the Court below i.e. order dated 20.07.2022 passed by Judicial Magistrate First Class Court & Negotiable Instrument Act Court, Naswadi in Criminal Case No. 1182 of 2012 is hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit 15% of the cheque amount with the

R/SCR.A/8283/2022 ORDER DATED: 05/08/2022

Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(NIRAL R. MEHTA,J) VISHAL MISHRA