Gujarat High Court
Ilaben Thakorbhai Soni vs Yogeshwari Aniruddh Patel on 18 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1041/2023 ORDER DATED: 18/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1041 of 2023
With
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of 2023
In
R/CRIMINAL REVISION APPLICATION NO. 1041 of 2023
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ILABEN THAKORBHAI SONI
Versus
YOGESHWARI ANIRUDDH PATEL
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Appearance:
JAIVIK UDAY BHATT(7319) for the Applicant(s) No. 1
MR. VIJAY O SHARMA(6701) for the Applicant(s) No. 1
MR VN EJNER for the Respondent(s) No. 1
MS JIRGA JHAVERI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/08/2023
ORAL ORDER
ORDER IN CRIMINAL REVISION APPLICATION
1. RULE. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent - State
and learned Advocate Mr. V.N. Enjer 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 (hereinafter referred
to in short as 'the N.I. Act').
NEUTRAL CITATION
R/CR.RA/1041/2023 ORDER DATED: 18/08/2023
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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.
4. The respondent No.2 - Yogeshwari Aniruddh Patel -
the original complainant is present before the Court
and is identified by learned advocate Mr. V.N. Ejner.
Learned Advocate Mr. V.N. Ejner seeks permission to
file Vakalatnama. Registry to accept the same.
5. The complainant in her Affidavit confirms and states
that she has received an amount of Rs.2,50,000/- and
the cheque amount is of Rs.3,00,000/-. As per the
Affidavit, Rs.75,000/- has been deposited before the
learned Appellate Court on 12.12.2022. The
complainant does not want to pursue the matter now
in view of amicable settlement and has given her
consent for compounding the offence.
5. Since the amount has been received by the
complainant and the complainant has given consent
NEUTRAL CITATION
R/CR.RA/1041/2023 ORDER DATED: 18/08/2023
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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.
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 and the applicant be
NEUTRAL CITATION
R/CR.RA/1041/2023 ORDER DATED: 18/08/2023
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released forthwith. As the cheque amount is of
Rs.3,00,000/-, from the deposited amount of
Rs.75,000/- let an amount of Rs.50,000/- be paid to
the complainant and the remaining Rs.25,000/- be
given returned to the applicant, after carrying out the
necessary procedures for verification of their 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)
ORDER IN CRIMINAL MISCELLANEOUS APPLICATION
In view of the above order passed in the Criminal
Revision Application, this Application stands disposed of.
Sd/-
(GITA GOPI, J)
CAROLINE
