Gujarat High Court
Irfanmahammad Jahurhusain Memon ... vs Mahammad Imran Niyajmahammad Kureshi on 4 December, 2023
NEUTRAL CITATION
R/CR.RA/1491/2023 ORDER DATED: 04/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1491 of 2023
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IRFANMAHAMMAD JAHURHUSAIN MEMON (SIROYA)
Versus
MAHAMMAD IMRAN NIYAJMAHAMMAD KURESHI
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Appearance:
MR M N SHAIKH(11323) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS ASMITA PATEL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 04/12/2023
ORAL ORDER
1. Learned advocate Mr.Mohammad Faizan M. Shaikh states
that he has instruction to appear for the respondent No.1 -
original complainant and therefore, he may be permitted to
file his appearance. Accordingly, he is permitted to file his
appearance for the respondent No.1.
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
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R/CR.RA/1491/2023 ORDER DATED: 04/12/2023
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the matter is amicably settled between the parties and the
offence is bailable and compoundable and nothing survives
in the matter.
4. Rule. Learned APP Ms. Asmita Patel waives service of notice
of rule for the respondent - State and Mr. Shaikh waives
service of notice of Rule for the respondent No.1.
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 in Criminal Appeal No. 66 of
2015 passed by the learned 8th Additional Sessions Judge,
Deesa, on 13.10.2023, whereby, the learned Additional
Sessions Judge has confirmed the judgment and order in
Criminal Case No. 1706 of 2019 passed by the learned 3 rd
Additional Judicial Magistrate, First Class, Deesa on
05.07.2022, whereby, the learned Magistrate 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 cheque i.e. Rs.7,50,000/- to
the complainant within a period of 30 day from the date of
the order and in default, six months simple imprisonment.
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6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Judicial Magistrate, First Class, Deesa
the present applicant filed Criminal Appeal before the
learned Additional Sessions Judge, Deesa. The learned
Additional Sessions Judge has confirmed the judgment and
order passed by learned Judicial Magistrate, First Class, Deesa
and rejected the appeal. Hence, the applicant filed the present
criminal revision application.
7. Learned advocate for the applicant submits that as the
applicant had shown readiness and willingness to deposit the
amount but, the said amount could not be deposited to the
original complainant and hence, he was taken into custody.
He further submits that the matter is amicably settled
between the parties and the remaining amount has been paid
to the original complainant.
9. Learned advocate 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 amount of cheque has already
handed over by the applicant to him.
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10. On being inquired, the complainant, who is present in the
court, has submitted that the matter is amicably settled due to
intervention of the elderly persons of the society and he has
no objection, if the impugned orders passed by the learned
Courts below be quashed and set aside.
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
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.
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
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R/CR.RA/1491/2023 ORDER DATED: 04/12/2023
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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 trial 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 powers conferred
upon this Court.
14. Resultantly, this application is allowed. The judgment and
order in Criminal Case No. 1706 of 2019 passed by the
learned 3rd Additional Judicial Magistrate, First Class, Deesa
on 05.07.2022 as well as impugned judgment and order in
Criminal Appeal No. 66 of 2015 passed by the learned 8 th
Additional Sessions Judge, Deesa, on 13.10.2023 are hereby
quashed and set aside subject to deposit 10% of the amount
of cheque before the Gujarat High Court Legal Services
Committee within a period of 10 days.
15. On compliance of the said order, the applicant shall be
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released forthwith, if his presence is no longer required in
any other criminal offence.
16. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
