Gujarat High Court
Shambhukumar Thakorbhai Patel vs State Of Gujarat on 9 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/984/2023 ORDER DATED: 09/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 984 of 2023
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SHAMBHUKUMAR THAKORBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR VAIBHAV N SHETH(5337) for the Applicant(s) No. 1
MR URVESH M PRAJAPATI for the Respondent(s) No. 2
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 09/08/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent - State
and learned Advocate Mr. Urvesh M. Prajapati waives
service of Rule on behalf of the respondent no.2.
2. By way of this application, challenge is given to the
concurrent findings of conviction and sentence passed
under Section 138 of the Negotiable Instruments Act,
1881 (hereinafter referred to in short as 'the N.I.
Act').
3. Learned Advocate for the applicant submitted that
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R/CR.RA/984/2023 ORDER DATED: 09/08/2023
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during the pendency of the proceedings, parties have
settled the disputes amicably outside the Court, the
total amount has been paid to the original
complainant and there remains no grievance between
the parties.
4. The respondent No.2 - Moinkhan Ahesankhan Pathan
- the original complainant is present before the Court
today and is identified by learned Advocate Mr.
Urvesh M. Prajapati. Learned Advocate Mr. Urvesh
M. Prajapati seeks permission to file Vakalatnama.
Registry is directed to accept the same. The
complainant states that he has received the total
amount. It is further submitted that an amount of
Rs.19,000/- has been deposited before the learned
trial Court and therefore, the complainant makes a
prayer for disbursement of the same.
5. Learned Advocate for the respondent no.2-original
complainant states that the complainant has received
the entire amount as agreed between the parties and
the complainant does not want to pursue the matter
now in view of amicable settlement and has given his
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R/CR.RA/984/2023 ORDER DATED: 09/08/2023
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consent for compounding the offence. The
complainant also filed an affidavit to that effect.
5. Since the entire 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 N.I. 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 of the N.I. Act,
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 entire
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.
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R/CR.RA/984/2023 ORDER DATED: 09/08/2023
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6. 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 learned Trial Court
to release the amount of Rs.19,000/- (Rupees
Nineteen Thousand Only) in favour of the
complainant - Moinkhan Ahesankhan Pathan after
following the necessary procedures for verification of
his identity.
7. Accordingly, the present application stands disposed
of in the above terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
