Habibbhai Gulamhussain Bhayla vs State Of Gujarat
2023 Latest Caselaw 6010 Guj

                                                                                      NEUTRAL CITATION




     R/CR.MA/14411/2023                                  ORDER DATED: 18/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 14411 of 2023

                                          In

           R/CRIMINAL REVISION APPLICATION NO. 1055 of 2023

                                        With

           R/CRIMINAL REVISION APPLICATION NO. 1055 of 2023
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                          HABIBBHAI GULAMHUSSAIN BHAYLA
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR VALMIK M VYAS(6178) 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 : 18/08/2023


                                   ORAL ORDER

Order in Criminal Misc. Application

1. Advocate Mr. Valmik M.Vyas stated that

delay of 120 days occurred in filing the revision

application since the applicant was in process of

receiving certified copy and also was proceeding

to get the matter settle through community

members and relatives, as was business

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R/CR.MA/14411/2023 ORDER DATED: 18/08/2023

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transaction with regard to purchase of goods. Mr.

Vyas submitted that the dispute was regarding the

due amount and only after resolving the same,

could prefer the revision application primarily

on the ground that the applicant has now manage

the cheque amount and also paid the same to the

complainant, and the disputes have been resolved.

2. Considering the averments made in the

application and as the delay is sufficiently

explained and in view of the facts and

circumstances of the case, the delay of 120 days

caused in filing the revision application is

condoned. The application is allowed.

3. Let the Criminal Revision Application be

listed today itself.

Order in Criminal Revision Application

1. Advocate Mr. Valmik M.Vyas, learned

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R/CR.MA/14411/2023 ORDER DATED: 18/08/2023

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advocate for the applicant states that Advocate

Mr. Kamlesh Kotai will appear on behalf of

original complainant. The Vakalatnama of Advocate

Mr. Kotai be accepted

2. Rule. Learned APP waives service of

notice of Rule on behalf of the respondent -

State and Mr. Kamlesh Kotai, learned advocate

waives service of notice Rule on behalf of the

respondent no.2. By consent Rule is fixed

forthwith.

3. The Respondent no.2, Dashratkumar

Kasturchand Maheshwari - original complainant is

present before the Court, who is identified by

learned advocate Mr. Kamlesh Kotai. The

respondent no.2 - original complainant affirms

the fact in the affidavit and states that he has

received Rs.47,610/- by way of cash from the

friends and relatives of the applicant, and, thus

urged to compound the offence.

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R/CR.MA/14411/2023 ORDER DATED: 18/08/2023

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4. Since the amount of Rs.47,610/- 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 entire

amount has been paid to the complainant, in

consonance with the object of the N.I. Act and

the provisions under Section 147 thereof, the

matter is considered as compounded.

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R/CR.MA/14411/2023 ORDER DATED: 18/08/2023

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5. In aforesaid view of the matter, the

judgment and order passed by the learned

Additional Judicial Magistrate, First Class,

Modasa at Aravalli in Criminal Case No.547 of

2018 dated 19.12.2022 for the offence punishable

under Section 138 of the NI Act, is quashed and

set aside.

6. 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) Pankaj