Gujarat High Court
Patel Rameshbhai Ishvarbhai vs Patel Rameshbhai Bhikhabhai on 7 September, 2022
Bench: Samir J. Dave
R/CR.RA/788/2021 ORDER DATED: 07/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 788 of 2021
==========================================================
PATEL RAMESHBHAI ISHVARBHAI
Versus
PATEL RAMESHBHAI BHIKHABHAI
==========================================================
Appearance:
BHAVESH C PATEL(8798) for the Applicant(s) No. 1
MR. KALRAV R PATEL(7041) for the Applicant(s) No. 1
DHRUVIN P BHUPTANI(8295) for the Respondent(s) No. 1
KISHAN Y DAVE(8293) for the Respondent(s) No. 1
MR RC KODEKAR APP for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 07/09/2022
ORAL ORDER
Rule. Learned advocates waive service of notice of rule
on behalf of the respective respondents. With the consent of
both the sides, the matter is heard today finally.
1. By way of this revision application, the applicant-original
accused has prayed to quash and set aside the judgment and
order dated 09.10.2018 passed by the learned 2 nd Addl. Chief
Judicial Magistrate, Mehsana in Criminal Case No.4748 of 2017
as also the judgment and order dated 09.07.2021 passed by the
learned 5th Addl. Sessions Judge, Mehsana in Criminal Appeal
No.158 of 2018.
R/CR.RA/788/2021 ORDER DATED: 07/09/2022
2. Learned advocates on both the sides jointly stated that
the parties have settled the dispute amicably outside the Court.
Today, learned advocate for respondent No.1 has produced
Affidavit of respondent No.1-original complainant, who is
present before the Court, wherein, it has been averred that he
has received the entire amount that was due and payable by
the applicant herein and thereby, stated that he has no
objection if the impugned judgment and orders passed by both
the Courts below are quashed and set aside.
3. In the aforesaid background, a reference to the judgment
of Apex Court in the case of Vinay Devanna Nayak Vs Ryot
Seva Sahakari Bank Ltd. reported in AIR 2008 SC 716 would
be apposite. In paras - 17 & 18 of the judgment, it has been
observed thus :
"17. As observed by this Court in Electronic Trade &
Technology Development Corporation Ltd. V. Indian
Technologists and Engineers, (1996) 2 SCC 739, the
object of bringing Section 138 in the statute book is to
inculcate faith in the efficacy of banking operation and
credibility in transacting business on negotiable
instruments. The provision is intended to prevent
dishonesty on the party of the drawer of negotiable
instruments in issuing cheques without sufficient funds or
with a view to inducing the payee or holder in due
course to act upon it. It thus seeks to promote the
efficacy of banking operations and ensures credibility in
transacting business through cheques. In such matters,
therefore, normally compounding of offences should not
R/CR.RA/788/2021 ORDER DATED: 07/09/2022
be denied. Presumably, Parliament also realized this
aspect and inserted Section 147 by the Negotiable
Instruments (Amendment and Miscellaneous Provisions)
Act, 2002 (Act 55 of 2002)".
18. Taking into consideration even the said provision
(Section 147) and the primary object underlying Section
138, in our judgment, there is no reason to refuse
compromise between the parties. We therefore dispose of
the appeal on the basis of the settlement arrived at
between the appellant and the respondent."
4. In the present case, the parties have arrived at a
settlement and the respondent-complainant has also filed an
Affidavit to that effect, which is on record. Considering the
above aspect and in view of the principle laid down by the
Apex Court in the aforesaid decision, this Court is of the
opinion that the parties could be permitted to compound the
offence since no fruitful purpose would be served in continuing
with the litigation as it would lead to wastage of precious
judicial time.
5. In the result, the application is allowed. The impugned
judgment and order dated 09.10.2018 passed by the learned 2 nd
Addl. Chief Judicial Magistrate, Mehsana in Criminal Case
No.4748 of 2017 as also the judgment and order dated
09.07.2021 passed by the learned 5th Addl. Sessions Judge,
Mehsana in Criminal Appeal No.158 of 2018 are quashed and
R/CR.RA/788/2021 ORDER DATED: 07/09/2022
set aside. The applicant-accused is acquitted of all the charges
levelled against him and he is ordered to be set at liberty
forthwith, if he is not required in connection with any other
case. The amount of Rs.37,500/- deposited by the applicant
before the lower appellate Court be paid to respondent No.1-
original complainant after due verification. Rule is made
absolute. Direct service is permitted.
(SAMIR J. DAVE, J)
PRAVIN KARUNAN
