Dhavalkumar Dilipbhai Patel ... vs State Of Gujarat
2022 Latest Caselaw 8923 Guj

     R/CR.MA/18162/2022                         ORDER DATED: 07/10/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION NO. 18162 of 2022
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  DHAVALKUMAR DILIPBHAI PATEL PROPRIETOR OF SHRIMAD
                       TURS AND TRAVEL
                            Versus
                       STATE OF GUJARAT
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Appearance:
MR YUNUS U MALEK(5343) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. PRANAV TRIVEDI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                          Date : 07/10/2022
                           ORAL ORDER

1) RULE returnable forthwith. Mr. Trivedi, learned APP and Mr. H.A.Kureshi, 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 01.10.2021 passed by Principal Civil Judge & Judicial Magistrate First Class, Anklav, Anand in Criminal Case No. 245 of 2017, whereby, the Court below has allowed the criminal case filed by the complainant and the petitioner herein-original respondent has been convicted for 1 year simple imprisonment and also directed to pay the cheque amount of Rs.2,80,000/- as a compensation to the complainant and to undergo for simple imprisonment i/d of making payment.

R/CR.MA/18162/2022 ORDER DATED: 07/10/2022

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.

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 order passed by the Court below i.e. order dated 01.10.2021 passed by Principal Civil Judge & Judicial Magistrate First Class, Anklav, Anand in Criminal Case No. 245 of 2017 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 15%

R/CR.MA/18162/2022 ORDER DATED: 07/10/2022

of the cheque amount with the Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(NIRAL R. MEHTA,J) VISHAL MISHRA