Tusharbhai Nagarbhai Panchasar ... vs State Of Gujarat
2023 Latest Caselaw 6081 Guj

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     R/CR.MA/14642/2023                                 ORDER DATED: 19/08/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC. APPLICATION NO. 14642 of 2023

                                        In

           R/CRIMINAL REVISION APPLICATION NO. 1056 of 2023

                                      With

           R/CRIMINAL REVISION APPLICATION NO. 1056 of 2023
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               TUSHARBHAI NAGARBHAI PANCHASAR (PATEL)
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) 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 : 19/08/2023

                                  ORAL ORDER

Order in Criminal Misc. Application

1. Advocate Mr. Maulik M.Soni stated that

delay of 26 days occurred in filing the revision

application since after the judgment and order of

conviction and sentence, the parties propose to

settle, but since the applicant could not make

provisions for the total amount, the revision

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application could not be preferred, and,

therefore delay has occurred in preferring the

revision application.

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 26 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. Draft amendment is granted.

2. Heard Advocate Mr. Maulik M.Soni, for

the applicant, Advocate Mr. Chirag Aydi appears

on behalf of original complainant. The

Vakalatnama of Advocate Mr. Chirag be accepted.

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3. Rule. Learned APP waives service of

notice of Rule on behalf of the respondent -

State and Mr. Chirag Aydi, learned advocate

waives service of notice Rule on behalf of the

respondent no.2. By consent Rule is fixed

forthwith.

4. Advocate Mr. Maulik Soni submitted that

the applicant is before this Court since the

trial proceeding against him has been conducted

ex parte and the judgment has not been on merits

and for the execution of the sentence, warrant

has been issued, and, therefore against that

order the applicant is before this Court; and in

the meantime, Advocate Mr. Maulik M.Soni,

submitted that the parties have settled the

disputes and total cheque amount has already been

paid and there are no grievances remain to be

resolved, and, thus the prayer is made before

this Court under section 147 of the N.I. Act for

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compounding of offence.

5. The legal heir on record of Respondent

no.2, Narendrasinh Devusinh Chauhan is present

before the Court, who is identified by learned

advocate Mr. Chirag Aydi. The legal heir of

respondent no.2 - original complainant, affirms

the fact in the affidavit and states that he has

received full amount of cheque over and above the

cost, and, thus urged to compound the offence.

6. Since the amount the total cheque amount

has been received by the legal heir of

complainant and has given his 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

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R/CR.MA/14642/2023 ORDER DATED: 19/08/2023

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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 legal heir of original complainant, in

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

the provisions under Section 147 thereof, the

matter is considered as compounded.

7. In aforesaid view of the matter, the

judgment and order passed by the learned Chief

JMFC Court Planpur at Banskantha in Criminal Case

No.2422 of 2018 dated 24.04.2023 for the offence

punishable under Section 138 of the NI Act, is

quashed and set aside.

8. Accordingly, the present application

stands disposed of in the above terms. Rule is

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made absolute to the aforesaid extent. Direct

service is permitted.

(GITA GOPI,J) Pankaj