Gujarat High Court
Sipai (Shaikh) Kasambhai ... vs State Of Gujarat on 21 October, 2022
Bench: Niral R. Mehta
R/CR.MA/19237/2022 ORDER DATED: 21/10/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 19237 of 2022
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SIPAI (SHAIKH) KASAMBHAI HASANBHAI
Versus
STATE OF GUJARAT
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MR NAVED SHAIKH 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 : 21/10/2022
ORAL ORDER
1. Rule, returnable forthwith. Learned APP waives
service of notice of Rule on behalf of respondent No.1 - State
whereas Mr.Naved Shaikh waives service of notice of Rule on
behalf of respondent No.2 - complainant.
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 7.9.2022 passed by learned
Chief Judicial Magistrate First Class, Galteshwar at
Sevaliya in Criminal Case No.879 of 2017 arising out
under the provisions of the Negotiable Instruments Act,
whereby, the Court below has allowed the criminal case filed
by the complainant and the petitioner herein-original
respondent has been convicted for two years simple
imprisonment and also directed to pay the amount of
R/CR.MA/19237/2022 ORDER DATED: 21/10/2022
Rs.3,00,000/-.
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 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 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. judgment and
R/CR.MA/19237/2022 ORDER DATED: 21/10/2022
order dated 7.9.2022 passed by learned Chief Judicial
Magistrate First Class, Galteshwar at Sevaliya in
Criminal Case No.879 of 2017 arising out under the
provisions of the Negotiable Instruments Act 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% of the cheque
amount with the Gujarat State Legal Service Authority within
a period of two months from the date of receipt of this order.
Direct service permitted.
(NIRAL R. MEHTA,J)
V.J. SATWARA
