V. M. Odedara , Vastabhai ... vs State Of Gujarat
2023 Latest Caselaw 2942 Guj

      R/CR.RA/1363/2022                                   ORDER DATED: 13/04/2023




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION NO. 1363 of 2022

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       V. M. ODEDARA , VASTABHAI MASRIBHAI ODEDARA
                            Versus
                     STATE OF GUJARAT
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR DHRUV K DAVE(6928) for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 13/04/2023

                                 ORAL ORDER

1. Challenge in this revision application at the instance of the

applicant - accused is given to the concurrent findings of the

learned Courts below of conviction and sentence for the offence

punishable under Section 138 of the Negotiable Instruments Act,

1881 (NI Act).

2. Rule. Learned advocates for the respective respondents

waive service.

3. Learned advocate Mr. P. P. Majmudar for the applicant

states that total cheque amount has been paid to the

R/CR.RA/1363/2022 ORDER DATED: 13/04/2023

complainant and the complainant has no grievance now. On

earlier occasion i.e. on 06.04.2023, respondent No. 2 - original

complainant - Nanalal Talaksi Shah was present before the Court,

who was identified by learned advocate Mr. Dhruv K. Dave and

filed an affidavit. The complainant affirmed that cheque amount

had been received and he proposed to compound the offence.

4. Since, the total cheque amount has been received by the

complainant and the complainant has given consent for

compounding the offence, keeping in mind the object of Section

147 of the NI Act, which is an enabling provision which provides

for compounding the offence and may require the consent of the

aggrieved for compounding the offence, however, the specific

provision under Section 147, inserted by way of amendment

towards special law, would give overriding effect to sub-section

(1) of Section 320 Criminal Procedure Code, 1973 (CrPC) as has

been observed in the case of Damodar S. Prabhu v. Sayed

Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has

been resolved and the total cheque amount has been paid to the

complainant, in consonance with the object of the NI Act and the

provisions under Section 147 thereof, the matter is considered as

compounded.

R/CR.RA/1363/2022 ORDER DATED: 13/04/2023

5. In aforesaid view of the matter, the judgment and order

passed by the learned trial Court of conviction and sentence for

the offence punishable under Section 138 of the NI Act, as

affirmed by the learned appellate Court, are quashed and set

aside. The applicant stands acquitted. The present revision

application is allowed in the above terms. Rule is made absolute

accordingly.

5.1 The amount which is lying with the registry of the trial Court

as well as the appellant Court, is directed to be given to the

respondent No. 2 - original complainant on proper verification,

following due procedure.

[ Gita Gopi, J. ] hiren /80