Gujarat High Court
Jitendrabhai Vinodbhai Tapodhan vs State Of Gujarat on 10 April, 2023
Bench: Gita Gopi
R/CR.RA/911/2021 ORDER DATED: 10/04/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 911 of 2021
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JITENDRABHAI VINODBHAI TAPODHAN
Versus
STATE OF GUJARAT
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Appearance:
MR. BHAVIK P SHAH(6391) for the Applicant(s) No. 1
MS MAITHILI D MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
SUREN B PATEL(8420) for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/04/2023
ORAL ORDER
1. Heard learned Advocate for the applicant-revisionist,
who submits that the complainant is the family friend
of the accused and the applicant had borrowed the
amount from him, however because of the financial
crunch at the relevant time could not pay the
amount. It is submitted that now the applicant has
had issued a cheque of the State Bank of India,
Kidney Hospital Branch, Nadiad bearing cheque
No.438451 dated 01.09.2015 for Rs.2,23,200/- and
the said cheque has been honored. It is submitted
that the complainant has received the total amount.
R/CR.RA/911/2021 ORDER DATED: 10/04/2023
2. Learned Advocate Mr. Suren B. Patel appearing for
the respondent No.2 has filed an Affidavit of learned
Advocate Mr. Jayant J. Naik (who appears for the
complainant in the trial Court) and it has been
affirmed by the learned Advocate Mr. Jayant J. Naik
before the Notary on 21.12.2021 that the dispute has
been settled and that the total amount has been
received by the complainant.
3. Today learned Advocate Mr. Suren B. Patel has
produced an Affidavit of the complainant -
Sahileshbhai Thakorbhai Patel which is executed
before the Notary at Wells Fargo Bank, New Jersey
on 18.01.2022 where the complainant himself has
affirmed about the receipt of the amount. It is also
stated in the Affidavit that the complainant does not
want to proceed with the matter and desires to have
a harmonious and cordial relationship with the
applicant. The above Affidavit is ordered to be taken
on record of the case.
R/CR.RA/911/2021 ORDER DATED: 10/04/2023
4. Heard learned Advocates appearing for the respective
parties and perused the records of the case. The
total amount has been received by the complainant.
The complainant has expressed his desire to
compound the offences by filing the Affidavit as
narrated hereinabove.
5. Section 147 of the Negotiable Instruments Act, 1881
(hereinafter referred to in short as 'the N.I. Act')
pertains to compounding of offences which reads as
under :-
"147 Offences to be compoundable. --
Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974), every offence
punishable under this Act shall be compoundable."
6. Considering the above facts and Section 147 of the
N.I. Act, the offences are compounded. Therefore,
the judgment of conviction and sentence of the
applicant passed on 28.02.2019 by the learned 6 th
Additional Chief Judicial Magistrate, Nadiad in
Criminal Case No.4893 of 2015 and confirmed on
25.11.2021 by the learned learned 3rd Additional
Sessions Judge, Kheda at Nadiad in Criminal Appeal
No.27 of 2019 are quashed and set aside.
R/CR.RA/911/2021 ORDER DATED: 10/04/2023
7. The Revision Application is allowed in the aforesaid
terms. Rule made absolute. Direct Service is
permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
