Gujarat High Court
Prakashbhai Narsabhai @ Nagabhai ... vs State Of Gujarat on 10 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1002/2023 ORDER DATED: 10/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1002 of 2023
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PRAKASHBHAI NARSABHAI @ NAGABHAI SUTHAR
Versus
STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/08/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent - State and
learned Advocate Mr. waives service of Rule on behalf of
the respondent no.2.
2. Challenge is given to the concurrent findings of conviction
and sentence 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 during
the pendency of the proceedings, parties have settled the
disputes amicably outside the Court, and that there
remains no grievance between them.
NEUTRAL CITATION
R/CR.RA/1002/2023 ORDER DATED: 10/08/2023
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4. The respondent No.2 viz. Shankarbhai Gokalbhai Patel -
the original complainant is present before the Court and is
identified by learned advocate Mr.Anand Thakkar. Mr.
Thakkar seeks permission to file Vakalatnama. Registry to
accept 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 consent for
compounding the offence. The complainant also filed an
affidavit to that effect.
6. 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
NEUTRAL CITATION
R/CR.RA/1002/2023 ORDER DATED: 10/08/2023
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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.
7. In aforesaid view of the matter, both the judgment and
order of conviction and sentence for the offence punishable
under Section 138 of the NI Act dated 25.05.2017 passed
by the learned Judicial Magistrate First Class Dhanera in
Criminal Case No.1485 of 2014 and as confirmed by the
learned 7th Additional Sessions Judge, Deesa in Criminal
Appeal No.30 of 2017 are quashed and set aside. The
applicant stands acquitted.
8. Accordingly, the present application stands disposed of in
the above terms. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(GITA GOPI,J)
MISHRA AMIT V.
