Gujarat High Court
Buddhdev Sirs Institute Of ... vs State Of Gujarat on 9 September, 2022
Bench: Rajendra M. Sareen
R/CR.RA/808/2021 JUDGMENT DATED: 09/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 808 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
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1 Whether Reporters of Local Papers may be allowed
to see the judgment ?
2 To be referred to the Reporter or not ?
3 Whether their Lordships wish to see the fair copy
of the judgment ?
4 Whether this case involves a substantial question
of law as to the interpretation of the Constitution
of India or any order made thereunder ?
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BUDDHDEV SIRs INSTITUTE OF COMMERCE THROUGH RAJNIKANT
POPATLAL BUDDHDEV
Versus
STATE OF GUJARAT
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Appearance:
NAMAN H KINKHABWALA(8831) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MB GOHIL(2702) for the Respondent(s) No. 2.1,2.2
MR RONAK RAVAL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN
Date : 09/09/2022
ORAL JUDGMENT
1. RULE. Mr.Ronak Raval, learned APP waives service of
notice of rule on behalf of the respondent No.1 and Mr.M.B.
Gohil, learned advocate waives service of notice of rule on
R/CR.RA/808/2021 JUDGMENT DATED: 09/09/2022
behalf of the private respondents.
2. Present Revision Application under section 397 of the
Code of Criminal Procedure has been preferred by the
petitioner - original accused to quash and set aside the
impugned Judgement and Order of conviction passed by the
learned trial court - learned Additional Chief Judicial
Magistrate, CBI Court No.1, Mirzapur, Ahmedabad in
Criminal Case No.9921 of 2018 dated 23/01/2020
convicting the petitioner herein - original accused for the
offence punishable under section 138 of the Negotiable
Instruments Act as well as the judgement and order passed
by the learned Sessions Judge, Ahmedabad (Rural) in
Criminal Appeal No.14 of 2020 dated 18/09/2021
confirming the judgement and order of the trial court.
3. Today when the present matter is taken up for final
hearing, learned advocate for the petitioner has submitted
that the matter is settled between the parties at an amount
of Rs.50,000/- and Rs.20,000/- has been deposited before
the trial court, out of which is ordered to be withdrawn by
the private respondents by this Court vide order dated
22/07/2022 and out of the remaing amount, a cheque of
Rs.10,000/- was given on the same day on 22/07/2022
which is honoured and cheque of remaining amount of
Rs.20,000/- was handed over to the learned advocate for
the respondent on 26/08/2022. Thus, the petitioner -
original accused has already paid Rs.50,000/- the cheques
amount to the heirs of the original claimants - private
respondents herein towards full and final settlement. It is
R/CR.RA/808/2021 JUDGMENT DATED: 09/09/2022
further submitted by the learned advocate appearing on
behalf of the petitioner that even the petitioner has also
deposited Rs.7500/- towards 15% of the cheques amount
of Rs.50,000/- with the Gujarat State Legal Services
Authority so as to enable the petitioner to pray to compound
the offence for which he is convicted.
4. Mr.M.B. Gohil, learned advocate appearing on behalf of
the private respondent Nos.2.1 and 2.2 - heirs of the
original complainant under the instructions from his clients
has stated at bar that his clients - private respondents
herein have no objection if the petitioner is permitted to
compound the offence for which he is convicted.
5. In view of the above and considering the decision of the
Hon'ble Supreme Court in the case of Damodar S. Prabhu
Vs. Sayed Babalal H., reported in (2010) 5 SCC 663, and
considering the fact that the parties have settled the dispute
amicably and even the petitioner has also deposited 15% of
the cheques amount with the Gujarat State Legal Services
Authority, present application is allowed by permitting the
parties to compound the offence for under section 138 of the
Negotiable Instruments Act for which the applicant has
been convicted by the learned trial court and consequently
the impugned Judgement and Order of conviction passed by
the learned trial court - learned Additional Chief Judicial
Magistrate, CBI Court No.1, Mirzapur, Ahmedabad in
Criminal Case No.9921 of 2018 dated 23/01/2020 as well
as the impugned Judgement and Order passed by the
learned appellate court - learned Sessions Judge,
R/CR.RA/808/2021 JUDGMENT DATED: 09/09/2022
Ahmedabad (Rural) in Criminal Appeal No.14 of 2020 dated
18/09/2021, are hereby quashed and set aside. Rule is
made absolute accordingly. Direct Service is permitted.
Sd/-
(RAJENDRA M. SAREEN,J)
R.H. PARMAR
