Babubhai Lallubhai Parmar vs Vinodbhai Duryodhan Savant
2022 Latest Caselaw 43 Guj

      R/CR.MA/22911/2021                              ORDER DATED: 03/01/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 22911 of 2021

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                            BABUBHAI LALLUBHAI PARMAR
                                      Versus
                           VINODBHAI DURYODHAN SAVANT
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Appearance:
MS. RESHMA G RAUMA (10143) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR LB DABHI, APP(2) for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                                 Date : 03/01/2022

                                  ORAL ORDER

1. Learned advocate Mr.Jamilkhan Pathan submits that he has received instructions to appear for the original complainant. He is permitted to file vakalatnama in the Registry.

2. This application is filed under Section 482 of the Code of Criminal Procedure, 1973 (`the Code' for short) for quashing and setting aside the order dated 1.11.2021 passed by the concerned Magistrate Court passed in Criminal Case No.1463 of 2019.

3. Heard learned advocate Ms.Rauma for the applicant, learned advocate Mr.Pathan for the original complainant and learned APP Mr.Dabhi for respondent-state.

4. Learned advocate for the applicant submitted that the respondent no.1 herein filed complaint under Section 138 of the Negotiable Instruments Act against the present applicant before the concerned Magistrate Court. On conclusion of the trial, the concerned trial Court, vide order dated 1.11.2021, convicted the present applicant for the offence punishable under Section 138 of the Negotiable Instruments Act

R/CR.MA/22911/2021 ORDER DATED: 03/01/2022

and sentenced him to suffer simple imprisonment for a period of six months. Copy of the said order is placed on record at page no.9 of the compilation.

5. At this stage, learned advocate further submitted that now the dispute is amicably settled between the parties and therefore the settlement deed has been executed by the parties. Copy of the said settlement deed has been placed on record at page no.22 of the compilation. Learned advocate, at this stage, has also pointed out from the record that the complainant has also filed affidavit stating that in view of the settlement arrived at between the parties, if the impugned order of conviction is quashed and set aside, the complainant has no objection. Copy of the said affidavit is placed on record at page no.29 of the compilation.

6. Learned advocate Mr.Pathan appearing for the respondent no.1- complainant has also contended that the dispute is amicably settled between the parties and therefore if the impugned order of conviction is quashed and set aside, the complainant has no objection.

7. Learned advocate for the applicant, at this stage, has placed on record the order dated 8.12.2021 passed in Criminal Miscellaneous Application No.21547 of 2021 and submitted that in similar type of cases, this Court has quashed and set aside the order of conviction in view of the settlement arrived at between the parties.

8. Learned APP Mr.Dabhi submitted that in view of the settlement arrived at between the parties, this Court may pass appropriate order.

9. 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.1, 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

R/CR.MA/22911/2021 ORDER DATED: 03/01/2022

the offence. Accordingly, the applicant by filing this application, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

10. 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.

11. 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.

12. 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 passed by the Courts below 1.11.2021 passed by the concerned Magistrate Court passed in Criminal Case No.1463 of 2019 is 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.5,000/- with the Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service is permitted.

(VIPUL M. PANCHOLI, J) SRILATHA