Gujarat High Court
Girishbhai Hargovindbhai Bhande vs State Of Gujarat on 7 July, 2022
Bench: Niral R. Mehta
R/SCR.A/7015/2022 ORDER DATED: 07/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 7015 of 2022
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GIRISHBHAI HARGOVINDBHAI BHANDE
Versus
STATE OF GUJARAT
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Appearance:
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
MR JIGNESH PANDAV, ADVOCATE for the Respondent(s) No. 2
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 07/07/2022
ORAL ORDER
[1] Rule returnable forthwith. Mr. Pranav Trivedi, learned APP and
Mr. Jignesh Pandav, learned advocate waive service of notice of Rule for
and on behalf of respondents Nos.1 and 2 respectively.
[2] By this application under Article 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 20 th May 2022
passed by the learned 2 nd Additional Judicial Magistrate First Class,
Gandhinagar in Criminal Case No.1829 of 2021, by which the petitioner
has been convicted and ordered to undergo simple imprisonment for a
period of one year and to pay an amount of Rs.2,61,000/- towards
compensation to the complainant and as the petitioner was not present
when the judgment was pronounced, the learned Magistrate issued
R/SCR.A/7015/2022 ORDER DATED: 07/07/2022
warrant under Section 418(2) of the Cr.P.C. against the petitioner.
[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 on record of the
matter. 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 petitioner 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 the accused of the charges.
[6] Thus, taking into account the fact of settlement, the compounding
R/SCR.A/7015/2022 ORDER DATED: 07/07/2022
of the offence is hereby permitted.
[7] As a result, the petition is allowed. Rule is made absolute to
aforesaid extent. The judgment and order dated 20 th May 2022 passed
by the learned 2nd Additional Judicial Magistrate First Class,
Gandhinagar in Criminal Case No.1829 of 2021 and warrant 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
four weeks from the date of receipt of this order. Direct service
permitted.
(NIRAL R. MEHTA,J)
CHANDRESH
