Gujarat High Court
Kalubhai Chandkha Vanzara vs State Of Gujarat on 14 October, 2022
Bench: Niral R. Mehta
R/CR.MA/17855/2022 ORDER DATED: 14/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 17855 of 2022
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KALUBHAI CHANDKHA VANZARA
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR RS ZEENA ADVOCATE 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 : 14/10/2022
ORAL ORDER
[1] Rule returnable forthwith. Mr. Pranav Trivedi, learned APP
and Mr. R. S. Zeena, learned advocate waive service of notice of Rule for
and on behalf of respondent Nos.1 and 2 respectively.
[2] By this application under Article 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 20th July
2022 passed by the learned 4 th Additional Judicial Magistrate First Class,
Himmatnagar in Criminal Case No.456 of 2016, by which the petitioner
has been convicted and ordered to undergo simple imprisonment for a
period of six months and to pay the amount of Rs.28,173/- towards
compensation to the complainant and in default of payment of the said
R/CR.MA/17855/2022 ORDER DATED: 14/10/2022
amount, the petitioner to undergo further simple imprisonment for a
period of six months and as the petitioner was not present when the
judgment was pronounced, the learned Magistrate issued Non-bailable
warrant under Section 70 of the Cr.P.C. against the petitioner.
[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 on record of the
matter. 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 petitioner 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
R/CR.MA/17855/2022 ORDER DATED: 14/10/2022
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.
[7] As a result, the petition is allowed. Rule is made absolute to
aforesaid extent. The judgment order dated 20 th July 2022 passed by the
learned 4th Additional Judicial Magistrate First Class, Himmatnagar in
Criminal Case No.456 of 2016 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 15% of the cheque amount with the Gujarat State
Legal Service Authority within a period of four weeks from the date of
receipt of this order. Direct service permitted.
(NIRAL R. MEHTA,J)
CHANDRESH
