Hemilbhai Bhavinbhai Patel vs State Of Gujarat
2022 Latest Caselaw 4666 Guj

    R/SCR.A/3308/2021                                 ORDER DATED: 04/05/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 3308 of 2021

==========================================================
                         HEMILBHAI BHAVINBHAI PATEL
                                    Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR ANUP S BHAVSAR(10208) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                               Date : 04/05/2022

                                   ORAL ORDER

Learned advocate Mr.Dhruvin P. Bhuptani has

instructions to appear for the respondent No.2. He is

permitted to file his appearance.

1. Rule returnable forthwith. Mr. Manan Mehta, learned APP and Mr.Dhruvin P. Bhuptani learned advocate

waives service of notice of Rule for and on behalf of

respondent Nos. 1 and 2 respectively.

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 05.09.2019 passed by

R/SCR.A/3308/2021 ORDER DATED: 04/05/2022

th the 4 Additional Judicial Magistrate, Anand in

Criminal Case No. 1526 of 2019, whereby the learned

Judge convicted the petitioner for 2 years imprisonment

and directed to pay sum of Rs. 12,00,000/- towards

compensation to original complainant within 60 days,

failing which the petitioner shall have to undergo further

6 months of simple imprisonment.

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.

4. The petitioner also submits that the Company 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.

R/SCR.A/3308/2021 ORDER DATED: 04/05/2022

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 order passed by the

Court below i.e. order dated 05.09.2019 and warrant

issued by the trial Court, 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 Rs.1,20,000/- 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) KUMAR ALOK