Gulamhussain Pratapbhai Mahida vs State Of Gujarat
2022 Latest Caselaw 4592 Guj

    R/CR.MA/8106/2022                              ORDER DATED: 02/05/2022



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL MISC.APPLICATION NO. 8106 of 2022
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                    GULAMHUSSAIN PRATAPBHAI MAHIDA
                                Versus
                          STATE OF GUJARAT
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Appearance:
HIREN S SOMAIYA(8031) for the Applicant(s) No. 1
MR HARISH VYAS, for the Respondent(s) No. 2
MS KRINA CALLA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                            Date : 02/05/2022

                             ORAL ORDER

1. Rule returnable forthwith. Ld. Counsel waive Rule for the respective Respondents.

2. By this application under Articles 226 and 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 17.11.2021 passed by 5th Additional CJM, Anand, in Criminal Case No.1076/2021, whereby, the Petitioner has been convicted for 1 year SI and also directed to pay the cheque amount with interest @ 9 % and imposed cost of Rs.5000, failing which, to undergo six months SI.

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 placed on record. 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.

R/CR.MA/8106/2022 ORDER DATED: 02/05/2022

4. The petitioner also submits that the Company is willing to deposit cost as directed by the Supreme Court in cased 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. The judgment and order dated 17.11.2021 passed by 5th Additional CJM, Anand, in Criminal Case No.1076/2021 is hereby quashed and set aside. The petitioner is acquitted from the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.30,000/- with the Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(ILESH J. VORA,J)

SUCHIT