Gujarat High Court
Mehulkumar Jairambhai Desai vs State Of Gujarat on 12 September, 2022
Bench: Niral R. Mehta
R/SCR.A/9436/2022 ORDER DATED: 12/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9436 of 2022
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MEHULKUMAR JAIRAMBHAI DESAI
Versus
STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
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 : 12/09/2022
ORAL ORDER
Ms. Toral M.Rathod, learned advocate is permitted to file his
Vakalatnama for respondent No.2.
1. Rule returnable forthwith. Mr. Trivedi, learned APP and Ms.
Toral M.Rathod, learned advocate waives service of notice of Rule
for and on behalf of respondent Nos. 1 and 2 respectively.
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
30.12.2021 passed by learned 12th Additional Chief Judicial
Magistrate, Rajkot in Criminal Case No. 7346 of 2016, whereby,
the Court below has allowed the criminal case filed by the
complainant and the petitioner herein-original respondent has been
convicted for 1 year simple imprisonment and also directed to pay
the cheque amount of Rs.5,00,000- as a compensation to the
R/SCR.A/9436/2022 ORDER DATED: 12/09/2022
complainant.
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 Company 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. order dated 30.12.2021 passed by the learned 12 th
Additional Chief Judicial Magistrate, Rajkot is hereby quashed and
set aside. The petitioner is acquitted of the offences under the
R/SCR.A/9436/2022 ORDER DATED: 12/09/2022
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 4 weeks from the date of
receipt of this order.
Direct service permitted.
(NIRAL R. MEHTA,J)
BEENA SHAH
