Gujarat High Court
Shahnawaaz Ismail Bhesowala vs State Of Gujarat on 24 June, 2022
Bench: Niral R. Mehta
R/SCR.A/6003/2022 ORDER DATED: 24/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 6003 of 2022
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SHAHNAWAAZ ISMAIL BHESOWALA
Versus
STATE OF GUJARAT
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Appearance:
MR NABILKHAN F YUSUFZAI(8994) for the Applicant(s) No. 1
MS MARGI PATEL, 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 : 24/06/2022
ORAL ORDER
[1] Rule returnable forthwith. Mr. Pranav Trivedi, learned A.P.P. and
Ms. Margi Patel, 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 May 2022
passed by the learned 5th Additional Chief Judicial Magistrate, Bharuch
in Criminal Case No.5040 of 2019, by which the petitioner has been
convicted and ordered to undergo simple imprisonment for a period of
one year and to pay compensation of Rs.2,00,000/- to the complainant
within 30 days and as the petitioner was not present when the judgment
was pronounced, learned Magistrate issued Non-bailable warrant under
R/SCR.A/6003/2022 ORDER DATED: 24/06/2022
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 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.
R/SCR.A/6003/2022 ORDER DATED: 24/06/2022
[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 26 th May 2022 passed by the
learned 5th Additional Chief Judicial Magistrate, Bharuch in Criminal
Case No.5040 of 2019 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
