Ganpatbhai Babubhai Solanki vs State Of Gujarat
2022 Latest Caselaw 10232 Guj

   R/SCR.A/10215/2022                             ORDER DATED: 16/12/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/SPECIAL CRIMINAL APPLICATION NO. 10215 of 2022
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                        GANPATBHAI BABUBHAI SOLANKI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR SHAILESH C SHARMA(3450) for the Applicant(s) No. 1
MR JB DASTOOR(239) for the Respondent(s) No. 2
MR DHAVAN JAISWAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 16/12/2022

                               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.

[2] By this petition 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 06.08.2022 passed by Chief Judicial Magistrate, Nadiad, in Criminal Case No.320/2019, whereby the petitioner has been convicted and sentenced to undergo simple imprisonment for one year and ordered to pay an amount of compensation Rs.46,000/- to the complainant bank, under Section 138 of the Negotiable Instruments Act.

[3] It appears that the settlement has been arrived at between the complainant and present petitioner and Rs.46,000/- has been paid by the petitioner to the complainant as full and final

R/SCR.A/10215/2022 ORDER DATED: 16/12/2022

amount, 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. [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.

[5] 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 to aforesaid extent. The judgment and order dated 06.08.2022 passed by Chief Judicial Magistrate, Nadiad, in Criminal Case No.320/2019 and other consequential proceedings if any are hereby quashed and set aside. The petitioner is acquitted for the offences under the provisions of the Negotiable Instruments Act.

R/SCR.A/10215/2022 ORDER DATED: 16/12/2022

[6] The petitioner is directed to deposit Rs.5,000/- with the Gujarat State Legal Service Authority within a period of 2 weeks from the date of receipt of this order.

Direct service is permitted.

(ILESH J. VORA,J)

SUCHIT