Gujarat High Court
Joshi Shamalbhai Dalpatbhai vs State Of Gujarat on 19 August, 2023
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1048/2023 ORDER DATED: 19/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1048 of 2023
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JOSHI SHAMALBHAI DALPATBHAI
Versus
STATE OF GUJARAT
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Appearance:
MS RIYA A PATEL(12951) 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
1. The learned advocate for the applicant has submitted the draft
amendment. Amendment is allowed in terms of the draft.
Necessary amendments be carried out accordingly.
2. Challenge in this revision application at the instance of the
applicant - accused is given to the concurrent findings of the learned
Courts below of conviction and sentence for the offence punishable
NEUTRAL CITATION
R/CR.RA/1048/2023 ORDER DATED: 19/08/2023
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under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).
3. Learned advocate Mr. Hardik Brahmbhatt appears for the
respondent No. 2 - original complainant. He shall file his
appearance, if yet not filed, which shall be accepted.
4. Rule. Learned advocates for the respective respondents waive
service.
5. Learned advocate Mr. Barot with Ms. Riya Patel for the
applicant states that the applicant is in jail and with the assistance of
the family members, total cheque amount has been paid to the
complainant and the complainant has no grievance now.
Respondent No. 2 - Trivedi Rashmikant Gaurishankar - original
complainant is present before the Court and is identified by learned
advocate Mr. Brahmbhatt. The learned advocate for the respondent
No. 2 - original complainant states that the complainant has received
the total cheque amount and the complainant does not want to pursue
the matter now in view of amicable settlement and has given consent
NEUTRAL CITATION
R/CR.RA/1048/2023 ORDER DATED: 19/08/2023
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for compounding the offence. The complainant has filed on record
an affidavit to that effect.
6. Since, the total cheque 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 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 total cheque 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.
7. In aforesaid view of the matter, the judgment and order passed
NEUTRAL CITATION
R/CR.RA/1048/2023 ORDER DATED: 19/08/2023
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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. The present revision application is allowed in the
above terms.
7.1 Applicant - Joshi Shamalbhai Dalpatbhai is reported to be in
jail. Accordingly, he shall be released forthwith, if not required in
any other case.
7.2 Rule is made absolute accordingly. Direct service is
permitted.
[ Gita Gopi, J. ]
hiren
/PC-2
