Gujarat High Court
Babuji Halaji Thakor vs State Of Gujarat on 1 December, 2022
Bench: Ilesh J. Vora
R/SCR.A/12582/2022 ORDER DATED: 01/12/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12582 of 2022
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BABUJI HALAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
JIGNESHKUMAR M NAYAK(8558) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA, APP for the Respondent(s) No. 1
MS DIVYA P BHATT for the Respondent(s) No.2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 01/12/2022
ORAL ORDER
1. Rule returnable forthwith. Ms.Krina Calla, learned APP and Ms.
Divya Bhatt, learned advocate waive 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
22.08.2022 passed by Additional Metropolitan Magistrate,
Ahmedabad in Criminal Case No.57605/2019, whereby, the
Petitioner has been convicted for 1 year SI and also directed to pay
an amount of Rs.20,00,000/- as a compensation to the complainant
within a period of two months, failing which, to undergo 6 months
SI.
3. It appears that the settlement has been arrived at between the
complainant and present petitioner and the entire 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
R/SCR.A/12582/2022 ORDER DATED: 01/12/2022
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 cased 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 and order
dated 22.08.2022 passed by Additional Metropolitan Magistrate,
Ahmedabad in Criminal Case No.57605/2019 is hereby quashed and
set aside. The petitioner is acquitted from the offences under the
provisions of the Negotiable Instruments Act. The petitioner is
directed to deposit Rs.1,25,000/- with the Gujarat State Legal
Service Authority within a period of 3(Three) months from the date
of receipt of this order. Direct service permitted.
(ILESH J. VORA,J)
GIRISH
