Gujarat High Court
Ritesh Sureshbhai Topiwala vs Chandrakant Shanubhai Patel on 17 November, 2022
Bench: Ilesh J. Vora
R/SCR.A/12006/2022 ORDER DATED: 17/11/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 12006 of 2022
==========================================================
RITESH SURESHBHAI TOPIWALA
Versus
CHANDRAKANT SHANUBHAI PATEL
==========================================================
Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 17/11/2022
ORAL ORDER
1. Mr. Jigar L. Patel, learned advocate states that he has
instructions to appear for the respondent no.2-original
complainant and seeks permission to file Vakalatnama
with the Registry. Permission is granted. Registry is
directed to accept the same.
2. Rule returnable forthwith. Ms. Maithili Mehta, learned
APP and Mr. Jigar L. Patel, learned advocate waive service
of notice of Rule for and on behalf of respondent nos.1 and
2 respectively.
3. By this application filed under Section 482 of Cr.P.C.,
the applicant has sought quashing of the judgment and
order of conviction and sentence dated 15.10.2022 passed
by learned 2nd Additional Sessions Judge, Navsari in
R/SCR.A/12006/2022 ORDER DATED: 17/11/2022
Criminal Appeal No.05 of 2018 confirming the judgment
and order dated 01.02.2018 passed by learned Chief
Judicial Magistrate, Navsari in Criminal Case No.168 of
2010 by which the applicant has been convicted for year
imprisonment and fine of Rs.5,000/- and in default of
payment of fine further simple imprisonment of one month
and also directed to pay Rs.3,00,000/- to the complainant
as a compensation.
4. It appears that the settlement has been arrived at
between the complainant and the present applicant and
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 applicant by
filing this application, seeks compounding of the offence
under Section 147 of the Negotiable Instruments Act.
5. The applicant also submits that the applicant 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.
6. 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
R/SCR.A/12006/2022 ORDER DATED: 17/11/2022
inherent powers under Section 482 of the Code, to record
the settlement arrived at between the parties and acquit
the accused of the charges.
7. Thus, taking into account the fact of settlement, the
compounding of the offence is hereby permitted. As a
result, the application is hereby allowed. Rule is made
absolute to the aforesaid extent. The judgment and order
passed by the Courts below i.e. 15.10.2022 passed by
learned 2nd Additional Sessions Judge, Navsari in Criminal
Appeal No.05 of 2018 confirming the judgment and order
dated 01.02.2018 passed by learned Chief Judicial
Magistrate, Navsari in Criminal Case No.168 of 2010 and
warrant issued by the trial Court, if any, are hereby
quashed and set aside. The applicant is acquitted of the
offences under the provisions of the Negotiable
Instruments Act. The applicant is directed to deposit an
amount of 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 is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
