Patel Mitesh Rameshbhai vs State Of Gujarat
2022 Latest Caselaw 7780 Guj

     R/SCR.A/9357/2022                               ORDER DATED: 09/09/2022




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CRIMINAL APPLICATION NO. 9357 of 2022
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                         PATEL MITESH RAMESHBHAI
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MR. PANAM C SONI(7035) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MOXA THAKKER, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                                 Date : 09/09/2022

                                  ORAL ORDER

1. Mr.Kamlesh Kotai, learned advocate, states that he has

instructions to appear on behalf of original complainant. He

will file his Vakalatnama as appearing on behalf of the

complainant. The Registry to accept the same.

2. Rule, returnable forthwith. Ms.Moxa Thakker, learned

APP waives service of notice of Rule for and on behalf of the

respondent no.1-State and Mr.Kamlesh Kotai, learned

advocate waives service of notice of Rule for and on behalf of

respondent no.2-original complainant.

3. By this application under Article 227 of the Constitution

of India read with Section 482 of the Code of Criminal

R/SCR.A/9357/2022 ORDER DATED: 09/09/2022

Procedure, 1973, the petitioner has sought quashing of the

judgment and order dated 28.07.2022 passed by the learned

Additional Chief Judicial Magistrate, Vijapur, Mehsana in

Criminal Case No.2230 of 2021.

4. 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.

5. The complainant - respondent No.2 - Patel Narendrabhai

Somabhai is personally present before the Court today and is

identified by learned advocate for the complainant. Learned

advocate for the complainant tenders an affidavit dated

05.09.2022 confirming the settlement arrived at between the

parties. The same is taken on record.

R/SCR.A/9357/2022 ORDER DATED: 09/09/2022

6. 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.

7. 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.

8. Thus, taking into account the fact of settlement, the

compounding of the offence is hereby permitted.

9. As a result, the petition is allowed. Rule is made absolute

to aforesaid extent.

10. The judgment and order dated 28.07.2022 passed by the

learned Additional Chief Judicial Magistrate, Vijapur,

Mehsana in Criminal Case No.2230 of 2021 is hereby quashed

R/SCR.A/9357/2022 ORDER DATED: 09/09/2022

and set aside. The petitioner is acquitted of the offences under

the provisions of the Negotiable Instruments Act. The

petitioner is directed to deposit 10% 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.

(VAIBHAVI D. NANAVATI,J) rakesh/