Gujarat High Court
Rakeshbhai Sankabhai Patel vs State Of Gujarat on 24 June, 2022
Bench: Niral R. Mehta
R/CR.MA/10639/2022 ORDER DATED: 24/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 10639 of 2022
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RAKESHBHAI SANKABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR MAHESH PUROHIT, 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 APP and Mr.Mahesh Purohit, learned advocate, appears
and waives service of notice of Rule for and on behalf of
respondent Nos.1 and 2 respectively.
2. By this application under Section 482 of the Code of
Criminal Procedure, the applicant has sought quashing of the
judgment and order dated 01st February, 2021 passed by learned
Additional Judicial Magistrate First Class, Prantij in Criminal
Case No.1305 of 2015, by which the applicant has been
convicted for the offence punishable under Section 138 of the
N.I. Act and ordered to undergo simple imprisonment for a
period of one month as also ordered to pay fine of
Rs.02,70,000/- to the complainant, and in default, to undergo
further simple imprisonment for three months.
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-
complainant, which has been confirmed by the complainant by
R/CR.MA/10639/2022 ORDER DATED: 24/06/2022
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.
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 and order dated 01 st February, 2021 passed by the
learned Additional Judicial Magistrate First Class, Prantij in
Criminal Case No.1305 of 2015 and further proceedings arise
therefrom, 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.
R/CR.MA/10639/2022 ORDER DATED: 24/06/2022
Mr.Purohit is permitted to file his Vakalatnama on
behalf of respondent No.2 with the Registry.
(NIRAL R. MEHTA,J)
ANUP
