Sanjeev @ Lalabhai Mahendra ... vs State Of Gujarat
2022 Latest Caselaw 4688 Guj

      R/SCR.A/4686/2022                              ORDER DATED: 04/05/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 4686 of 2022

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                 SANJEEV @ LALABHAI MAHENDRA KHADEPAU
                                  Versus
                            STATE OF GUJARAT
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Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1
MR PREMAL RANCHH for the Respondent(s) No. 2
MR MANAN MEHTA APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 04/05/2022

                              ORAL ORDER

1. Rule returnable forthwith. Mr. Manan Mehta, learned APP and Mr. Premal Ranchh, 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 04.04.2022 passed by the learned 12 th Additional Senior Civil Judge & ACJM, Surat in Criminal Case No. 32796 of 2019, by which, the petitioner has been convicted for 1 month SI and accused is ordered to pay compensation double amount to the cheque amount, total of Rs.22,00,000/- to the complianant.

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

R/SCR.A/4686/2022 ORDER DATED: 04/05/2022

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.

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. judgment and order dated 04.04.2022 passed by the learned 12th Additional Senior Civil Judge & ACJM, Surat in Criminal Case No. 32796 of 2019, is 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.1,00,000/- (Rs. One lakh only) 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)





      R/SCR.A/4686/2022                 ORDER DATED: 04/05/2022


P.S. JOSHI