Naranbhai Atmaram Dheda vs State Of Gujarat
2022 Latest Caselaw 9817 Guj

     R/SCR.A/12742/2022                                ORDER DATED: 06/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 12742 of 2022

==========================================================
                          NARANBHAI ATMARAM DHEDA
                                    Versus
                              STATE OF GUJARAT
==========================================================
Appearance:
MR. VINESH K CHHAYA(6271) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 06/12/2022

                                ORAL ORDER

Leave to amend.

1. Mr. Nabil Bloch, learned advocate states that he has instructions to appear for the respondent no.2-original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the same.

2. Rule returnable forthwith. Mr. Dhawan Jayswal, learned APP and Mr. Nabil Bloch, learned advocate waive service of notice of Rule for and on behalf of respondent nos.1 and 2 respectively.

3. By this application filed under Section 482 of Cr.P.C., the applicant has sought quashing of the judgment and

R/SCR.A/12742/2022 ORDER DATED: 06/12/2022

order dated 29.07.2022 passed by learned 18 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.12916 of 2019 by which the applicant has been convicted for 1 year SI and also directed to pay the cheque amount to the complainant as a compensation and in default, the applicant should suffer further imprisonment of six months.

4. It appears that the settlement has been arrived at between the complainant and the present applicant and 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 applicant by filing this application, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

5. The applicant also submits that the applicant 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

R/SCR.A/12742/2022 ORDER DATED: 06/12/2022

the settlement arrived at between the parties and acquit the accused of the charges.

7. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the application is hereby allowed. Rule is made absolute to the aforesaid extent. The judgment and order dated 29.07.2022 passed by learned 18th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.12916 of 2019 and warrant issued by the Court concerned, are hereby quashed and set aside. The applicant is acquitted of the offences under the provisions of the Negotiable Instruments Act. The applicant is directed to deposit an amount of Rs.50,000/- with the Gujarat State Legal Service Authority within a period of 2 months from the date of receipt of this order. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED