Gujarat High Court
Pratik Mahendrabhai Shah vs Ratilal Javanmal Shah on 27 June, 2022
Bench: Samir J. Dave
R/CR.RA/191/2017 ORDER DATED: 27/06/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 191 of 2017
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PRATIK MAHENDRABHAI SHAH
Versus
RATILAL JAVANMAL SHAH & 1 other(s)
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Appearance:
NANAVATI & CO.(7105) for the Applicant(s) No. 1
NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
MR HARDIK A DAVE(3764) for the Respondent(s) No. 1
MR RC KODEKAR, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 27/06/2022
ORAL ORDER
1. Rule returnable forthwith. Learned advocate Mr. Hardik
Dave waives service of notice of rule for and on behalf of the
respondent no.2 and learned APP waives service of notice of
rule for and on behalf of the respondent no.2.
2. By way of present application, the applicant has
requested to quash and aside the judgment and order dated
06.11.2015 passed in Criminal Case No. 126 of 2010 by
learned Additional Chief Metropolitan Magistrate, N.I.Act
court no. 34, Ahmedabad as well as judgment and order dated
27.02.2017 passed in Criminal Appeal No. 476 of 2015 by
learned Additional Sessions Judge, City Civil and Sessions
Court, Ahmedabad Court No.20.
3. Today, when the matter was taken up for hearing, a joint
R/CR.RA/191/2017 ORDER DATED: 27/06/2022
submission was made by learned advocates for the respective
parties that dispute between the parties is settled amicably and
they have produced settlement purshish filed by the parties in
Cri.A.No. 345 of 2015 vide Ex. 30 before the court of learned
City Sessions Judge, Ahmedabad, which is taken on record.
4. The terms of the settlement purshish as referred above
speak that at the applicant has deposited Rs. 10,00,000/-
before the registry of this court and Rs. 5,00,000/- before the
lower appellate court, thus Rs. 10,00,000/- lying with the
registry of this court may be disbursed in favour of the original
complainant-respondent no.2 and Rs. 5,00,000/- lying with
the lower appellate court may be returned back to the legal
heirs of the applicant as the applicant is died during the
pendency of this revision application.
5. Learned advocate for the respondent no.2 also submits
that the dispute has been settled between the parties and
respondent no.2 has no objection if the orders passed by the
courts below would be quashed and set aside.
6. Learned APP for the respondent State has submitted that
while recording evidence produced on record, learned both the
courts below have awarded sentence upon the applicant and
thus, present application is required to be dismissed and
ultimately, she has requested to dismiss present application.
7. Having considered the facts of the case and submissions
R/CR.RA/191/2017 ORDER DATED: 27/06/2022
made by learned advocates for the respective parties as well as
learned APP for the respondent-State and considering the facts
of the settlement purshish as referred above, it appears that the
dispute is settled amicably between the parties and respondent
no.2 has no objection if the orders of below courts are quashed
and set side.
8. The Apex Court in the case of Vinay Devanna Nayak V/s
Ryot Seva Sahakari Bank Ltd. reported in AIR 2008 SC 716 has
observed as under in paras 17 and 18 of the judgment :
"17. As observed by this Court in Electronic Trade & Technology
Development Corporation Ltd. V. Indian Technologists and
Engineers, (1996) 2 SCC 739, the object of bringing Section 138
in the statute book is to inculcate faith in the efficacy of banking
operation and credibility in transacting business on negotiable
instruments. The provision is intended to prevent dishonesty on
the party of the drawer of negotiable instruments in issuing
cheques without sufficient funds or with a view to inducing the
payee or holder in due course to act upon it. It thus seeks to
promote the efficacy of banking operations and ensures
credibility in transacting business through cheques. In such
matters, therefore, normally compounding of offences should not
be denied. Presumably, Parliament also realized this aspect and
inserted Section 147 by the Negotiable Instruments (Amendment
and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002)".
18.Taking into consideration even the said provision (Section
R/CR.RA/191/2017 ORDER DATED: 27/06/2022
147) and the primary object underlying Section 138, in our
judgment, there is no reason to refuse compromise between the
parties. We therefore dispose of the appeal on the basis of the
settlement arrived at between the appellant and the respondent."
9. Applying the ratio of the aforesaid decision of the Apex
Court to the facts of the present case as well as considering the
settlement arrived at between the parties, the respondent no.2
has no objection if the impugned orders may be quashed. Thus,
I am of the opinion that present application is required to be
allowed and the parties be permitted to compound the offence.
10. In the result, present revision application is allowed. The
judgment and order dated 06.11.2015 passed in Criminal Case
No. 126 of 2010 by learned Additional Chief Metropolitan
Magistrate, N.I.Act court no. 34, Ahmedabad as well as
judgment and order dated 27.02.2017 passed in Criminal
Appeal No. 476 of 2015 by learned Additional Sessions Judge,
City Civil and Sessions Court, Ahmedabad Court No.20 stand
quashed and set aside. The applicant-accused is acquitted of
the charge under Section 138 of the Negotiable Instruments
Act. Bail bonds if any stands cancelled.
11. Rs. 10,00,000/- lying with the registry of this court shall
be disbursed in favour of the original complainant-respondent
no.2 and Rs. 5,00,000/- lying with the lower appellate court
R/CR.RA/191/2017 ORDER DATED: 27/06/2022
may be returned back to the legal heirs of the applicant, as the
applicant is died during the pendency of this revision
application after following necessary procedure.
Rule is made absolute to the aforesaid extent.
(SAMIR J. DAVE,J)
K. S. DARJI
