Ashok Shivlal Chandra vs State Of Gujarat
2022 Latest Caselaw 9780 Guj

     R/SCR.A/8253/2022                           ORDER DATED: 02/12/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 8253 of 2022

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                         ASHOK SHIVLAL CHANDRA
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
MR SD MOGHARIYA for the Respondent(s) No. 2
MRS KRINA CALLA APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 02/12/2022

                              ORAL ORDER

1. Rule returnable forthwith. Mrs. Krina Calla, learned APP and Mr. Moghariya, 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 03.03.2018 passed by the learned 5th Additional Sessions Judge, Jamnagar in Criminal Appeal No. 48 of 2016, whereby, the learned Sessions Court has rejected the Appeal, confirming the judgment and order dated 07.05.2016 passed by the learned 4 th Additional Chief Judicial Magistrate, First Class, Jamnagar

R/SCR.A/8253/2022 ORDER DATED: 02/12/2022

in Criminal Case No. 3393 of 2010, by which, the petitioner has been convicted for 6 months SI and fine of Rs.5000/- and in default of fine, further SI for 1 month.

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 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

R/SCR.A/8253/2022 ORDER DATED: 02/12/2022

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 to aforesaid extent. The judgment and order passed by the Courts below i.e. order dated 03.03.2018 and 07.05.2016 and warrant, if any, issued by the trial Court, are 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 Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(ILESH J. VORA,J) P.S. JOSHI