Gujarat High Court
Vipul Arjanbhai Vadukar vs State Of Gujarat on 1 December, 2023
NEUTRAL CITATION
R/CR.RA/325/2020 ORDER DATED: 01/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 325 of 2020
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VIPUL ARJANBHAI VADUKAR
Versus
STATE OF GUJARAT
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Appearance:
MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
MR. JITENDRA PATEL for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 01/12/2023
ORAL ORDER
1. Learned advocate Mr. Jitendra Patel states that now, he has
instruction to appear for the respondent No.2 - original
complainant and he may be permitted to file his appearance.
Accordingly, he is permitted to file his appearance for the
respondent No.2.
2. At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled and now, the
original complainant does not want to pursue for the further
litigation as complainant and the complainant has filed the
affidavit in this regard and the same is taken on record.
3. With consent of the learned advocates appearing for the
respective parties, the matter is taken up for final hearing as
the matter is amicably settled between the parties and the
offence is bailable and compoundable and nothing survives
in the matter.
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R/CR.RA/325/2020 ORDER DATED: 01/12/2023
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4. Rule. Learned APP Ms. Patel waives service of notice of rule
for the respondent - State and Mr. Jitendra Patel waives
service of notice of Rule for the respondent No. 2.
5. By way of present revision application filed under Section
397 read with 401 of the Code of Criminal Procedure, the
applicant has prayed for quashing and setting aside the
impugned judgment and order dated 29 th January, 2020
passed by the learned 12th Additional Sessions Judge, Rajkot
in Criminal Appeal No. 181 of 2017, whereby, the learned
12th Additional Sessions Judge has confirmed the judgment
and order dated 09th August, 2017 passed by the learned
Chief Judicial Magistrate, Rajkot in Criminal Case No. 6050
of 2015, whereby, the learned Chief Judicial Magistrate,
Rajkot has sentenced the applicant - original accused one
year simple imprisonment for the offence punishable under
Section 138 of the Negotiable Instrument Act and has also
ordered the applicant to pay an amount of Rs.4,50,000/- to
the complainant within a period of two months from the date
of the order.
6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Chief Judicial Magistrate, Rajkot , the
present applicant filed Criminal Appeal No. 181 of 2017
before the learned 12th Additional Sessions Judge, Rajkot.
The learned 12th Additional Sessions Judge, Rajkot, vide
judgment and order dated 29 th January, 2020 confirmed the
judgment and order passed by learned Chief Judicial
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R/CR.RA/325/2020 ORDER DATED: 01/12/2023
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Magistrate, Rajkot and dismissed the appeal. Hence, the
applicant filed the present criminal revision application.
7. Learned advocate Mr. Jagdish Satapara for the applicant
submits that the cheque amount has been given in cash to
the original complainant, who is present before this Court
and now, the matter is amicably settled between the parties.
9. Learned advocate Mr. Jitendra Patel for the original
complainant submits that the matter is amicably settled
between the parties. He submits that the complainant is
present in the Court and he has identified the complainant in
the Court. He submits that the complainant has no objection,
if the conviction recorded by the learned Trial Court as well
as Appellate Court is set aside. He further submits that the
cheque amount has been given to the complainant.
10. On being inquired, the complainant, who is present in the
court, has submitted that the matter is amicably settled and
the amount of cheque has already been handed over to him
and he has no objection, if the impugned orders passed by
the learned Courts below be quashed and set aside. The
above statement made by the original complainant is
reflected in Para-3 of the affidavit filed by the complainant.
11. Considering the fact that as under Section 147 of the
Negotiable Instrument Act, the offence is compoundable and
permissible to settle the dispute at any stage and therefore,
permission to settle the dispute is required to be allowed. It is
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R/CR.RA/325/2020 ORDER DATED: 01/12/2023
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pertinent to note that the applicant has settled the dispute at
the level of High Court after the confirmation by the appellate
Court and therefore, the present application requires
consideration. Further, the applicant has given the cheque
amount to the complainant in cash .
12. The learned advocates for the respective parties have jointly
submitted that the matter is settled between the parties and
the original complainant does not want to pursue further
litigation. The original complainant has filed the affidavit and
has admitted the contents of the affidavit. The complainant
has remained present before this Court and has stated that
he has no objection, if the conviction recorded by the learned
Trial Court as well as Appellate Court is set aside. I have also
considered the facts and circumstances arising out of the
present application as also the decision passed in case of
Damodar S. Prabhu Vs. Sayed Babalal H, reported in
2010(5) SCC 663. It appears that further continuation of
criminal proceedings in relation to the impugned proceeding
against the applicant would be unnecessary harassment to
the applicant.
13. Considering the nature of dispute between the parties which
is private in nature, the matter requires consideration and it
appears that the proceedings would be futile and further
continuance of the proceedings would amount to abuse of
process of law and hence, to secure the ends of justice, the
order is required to be quashed and set aside in exercise of
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powers conferred upon this Court.
14. Resultantly, this application is allowed. The judgment and
order dated 09th August, 2017 passed by the learned Chief
Judicial Magistrate, Rajkot in Criminal Case No.6050 of 2017
as well as impugned judgment and order dated 29 th January,
2020 passed by the learned 12th Additional Sessions Judge,
Rajkot in Criminal Appeal No. 181 of 2017 are hereby
quashed and set aside subject to deposit 15% of the amount
of cheque before the Gujarat High Court Legal Services
Committee within a period of 10 days.
15. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO,J)
VVM
