Vipinkumar Vinubhai Patel vs Raval Vijay Jaysingbhai
2023 Latest Caselaw 5912 Guj

                                                                                           NEUTRAL CITATION




     R/CR.RA/1034/2023                                       ORDER DATED: 11/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1034 of 2023

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                              VIPINKUMAR VINUBHAI PATEL
                                        Versus
                               RAVAL VIJAY JAYSINGBHAI
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR BUKHARI for the Respondent(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                     Date : 11/08/2023

                                      ORAL ORDER

1. Rule. Learned APP waives service of Rule on

behalf of the respondent - State and Mr.

Bukhari, learned advocate waives service of

Rule on behalf of the respondent no.1.

2. Challenge is given to the concurrent findings

of conviction and sentence under Section 138

of the Negotiable Instruments Act, 1881.

3. Learned advocate for the applicant submitted

that during the pendency of the proceedings,

parties have settled the disputes amicably

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R/CR.RA/1034/2023 ORDER DATED: 11/08/2023

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outside the Court, and that there remains no

grievance between them.

4. Respondent no.1-Raval Vijay Jaysingbhai is

present before the Court and is identified by

learned advocate Mr. Bukhari. Mr. Bukhari

seeks permission to file Vakalatnama. Registry

to accept the same. The learned advocate for

the 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.

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 NI

Act, which is an enabling provision which

provides for compounding the offence and may

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R/CR.RA/1034/2023 ORDER DATED: 11/08/2023

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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 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.

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.

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R/CR.RA/1034/2023 ORDER DATED: 11/08/2023

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7. 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) Maulik