Gujarat High Court
Dinusinh Dipsinh Pujara vs State Of Gujarat on 24 June, 2022
Bench: Niral R. Mehta
R/SCR.A/1232/2022 ORDER DATED: 24/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 1232 of 2022
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DINUSINH DIPSINH PUJARA
Versus
STATE OF GUJARAT
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Appearance:
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1
MR URVESH M PRAJAPATI, 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 Thakkar, learned A.P.P.
and Mr. Urvesh Prajapati, 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 24 th November
2021 passed by the learned 3rd Additional Chief Judicial Magistrate,
Sabarkantha at Himmatnagar in Criminal Case No.5364 of 2019, by
which the petitioner has been convicted and ordered to undergo simple
imprisonment for a period of six months and to pay compensation of
Rs.30,265/- to the complainant within one month from the date of said
judgment, and in default of payment of compensation, to undergo
R/SCR.A/1232/2022 ORDER DATED: 24/06/2022
further simple imprisonment for three months, and 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 amount of loan
with interest thereon 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 (at Annexure : B, page : 36). Mr. Mahesh Darji,
an authorized officer of the respondent No.2 - Finance Company is
present in the Court today and has been identified by his learned
advocate Mr. Urvesh Prajapati. 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
R/SCR.A/1232/2022 ORDER DATED: 24/06/2022
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.
[7] As a result, the petition is allowed. Rule is made absolute to
aforesaid extent. The judgment order dated 24 th November 2021 passed
by the learned 3rd Additional Chief Judicial Magistrate, Sabarkantha at
Himmatnagar in Criminal Case No.5364 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
