Champaksinh Rangusinh Rathod vs State Of Gujarat
2022 Latest Caselaw 5459 Guj

      R/SCR.A/6286/2022                               ORDER DATED: 24/06/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 6286 of 2022

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                          CHAMPAKSINH RANGUSINH RATHOD
                                      Versus
                                STATE OF GUJARAT
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Appearance:
KUMAR H TRIVEDI(9364) for the Applicant(s) No. 1
MR DARSHAN DAVE, ADVOCATE 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 : 24/06/2022

                                  ORAL ORDER

[1] Rule returnable forthwith. Ms. Moksha Pathak, learned APP

and Mr. Darshan Dave, 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 12 th

October, 2021 passed by the learned 2nd Additional Chief Judicial

Magistrate, Himmatnagar in Criminal Case No.2254 of 2016, by which

the petitioner has been convicted and ordered to undergo simple

imprisonment for a period of three months and to pay Rs.48,600/- to the

complainant towards compensation and in default for payment of

compensation, to undergo further simple imprisonment of 15 days and

R/SCR.A/6286/2022 ORDER DATED: 24/06/2022

as 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 loan 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 authorized officer of the respondent No.2 - finance company

is personally present in the Court today. 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

R/SCR.A/6286/2022 ORDER DATED: 24/06/2022

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.

[7] As a result, the petition is allowed. Rule is made absolute to

aforesaid extent. The judgment order dated 12th October, 2021 passed

by the learned 2nd Additional Chief Judicial Magistrate, Himmatnagar in

Criminal Case No.2254 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