Komalben Hemantkumar Patel vs State Of Gujarat
2022 Latest Caselaw 6472 Guj

     R/SCR.A/7226/2022                                      ORDER DATED: 20/07/2022



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION NO. 7226 of 2022
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            KOMALBEN HEMANTKUMAR PATEL
                      Versus
                 STATE OF GUJARAT
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Appearance:
MR VISHAL B MEHTA for the Applicant(s) No. 1
MS. KINJAL PATEL, for the Respondent(s) No. 2
MS.MOXA THAKKAR, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA
                Date : 20/07/2022
                    ORAL ORDER

1) Rule returnable forthwith. Ms. Kinjal Patel,

learned advocate for the respondent No.1 as well

as Ms. Moxa Thakkar, learned APP appear and waive

service of notice of Rule for and on behalf of

respective respondents.

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 of conviction dated 15.04.2022

passed by Additional Chief Judicial Magistrate

First Class Court & Negotiable Instrument Act

Court, Anand in Criminal Case No. 2420 of 2019,

R/SCR.A/7226/2022 ORDER DATED: 20/07/2022

whereby, the Court below has allowed the criminal

case filed by the complainant and the petitioner

herein-original respondent has been convicted for

three months simple imprisonment and find of

Rs.5,000/-.

3) It appears that the settlement has been

arrived at between the complainant and present

petitioner, which has been confirmed by the

complainant by detailed affidavit dated

07.07.2022, which is ordered to be taken 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.

R/SCR.A/7226/2022 ORDER DATED: 20/07/2022

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.

7) The judgment order passed by the Court below

i.e. order dated 15.04.2022 passed by Chief

Judicial Magistrate First Class Court and

Negotiable Instrument Court is 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

R/SCR.A/7226/2022 ORDER DATED: 20/07/2022

State Legal Service Authority within a period of

4 weeks from the date of receipt of this order.

Direct service permitted.

(NIRAL R. MEHTA,J) VISHAL MISHRA