Rajeshkumar Meghjibhai Gameti vs State Of Gujarat
2022 Latest Caselaw 5373 Guj

      R/CR.MA/10345/2022                               ORDER DATED: 22/06/2022




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 10345 of 2022

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                       RAJESHKUMAR MEGHJIBHAI GAMETI
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR O I PATHAN(7684) for the Applicant(s) No. 1
MR JM TALOTA, 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 : 22/06/2022

                                 ORAL ORDER

[1] Rule, returnable forthwith. Mr. Pranav Triveid, learned APP and

Mr. J. M. Talota, learned advocate waives service of notice of Rule for

and on behalf of respondent 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 26 th

August, 2021 passed by the learned 2 nd Additional Judicial Magistrate

First Class, Himmatnagar in Criminal Case No.798 of 2016, by which the

petitioner has been convicted and ordered to undergo simple

imprisonment for a period of one year and six months and to deposit the

amount of Rs.2,00,000/- towards compensation and in default to deposit

the amount, to undergo further simple imprisonment of 30 days and as

R/CR.MA/10345/2022 ORDER DATED: 22/06/2022

the petitioner was not present when the judgment was pronounced,

learned Magistrate issued non-bailable warrant under Section 70 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 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.

       R/CR.MA/10345/2022                           ORDER DATED: 22/06/2022




[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

order dated 26th August 2021 passed by the learned 2 nd Additional

Judicial Magistrate First Class, Himmatnagar in Criminal Case No.798 of

2016 and warrant issued by the learned Magistrate 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