Gujarat High Court
Ruhi Food Product vs State Of Gujarat on 18 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/452/2023 ORDER DATED: 18/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 452 of 2023
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RUHI FOOD PRODUCT
Versus
STATE OF GUJARAT
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Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1,2
MS VAIBHAVI D RAVAL 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 : 18/08/2023
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent - State
and learned Advocate Ms. Vaibhavi D. Raval 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/452/2023 ORDER DATED: 18/08/2023
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4. The respondent No.2 - Sorathiya Dineshbhai
Batukbhai - the original complainant is present before
the Court today and is identified by learned advocate
Ms. Vaibhavi D. Raval. Learned Advocate Ms.
Vaibhavi D. Raval 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 total cheque amount and the complainant also
affirms the facts stated in the Affidavit. The
complainant does not want to pursue the matter now
in view of amicable settlement and has given his
consent for compounding the offence.
5. Since the 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
NEUTRAL CITATION
R/CR.RA/452/2023 ORDER DATED: 18/08/2023
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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 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/s stand acquitted. The applicant/s be
released from jail forthwith.
7. The present application stands disposed of in the
above terms. Rule is made absolute. Direct service is
permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
