Dineshbhai Kantij Parmar vs State Of Gujarat
2023 Latest Caselaw 8375 Guj

Gujarat High Court

Dineshbhai Kantij Parmar vs State Of Gujarat on 4 December, 2023

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                                NEUTRAL CITATION




     R/SCR.A/9424/2022                            ORDER DATED: 04/12/2023

                                                                                 undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9424 of 2022

==========================================================
                         DINESHBHAI KANTIJ PARMAR
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR BRIJESH K RAMANUJ(9898) for the Applicant(s) No. 1
MR DEVANSH KAKKAD for the Respondent(s) No. 2
MS MAITHILI MEHTA APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 04/12/2023

                               ORAL ORDER

1. Mr. Devansh Kaddad, learned advocate states that he has instructions to appear for and on behalf of respondent no. 2 and he will file his vakalatnama during the course of the day.

2. Heard Mr. Brijesh K. Ramanuj and Mr. Devansh Kakkad, learned advocates for the respective parties.

3. By this application under Articles 226 and 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dated 21.04.2022 passed by the learnedJMFC, Dhansura in Criminal Case No. 75 of 2021, by which, the petitioner has been convicted for 6 months

NEUTRAL CITATION

R/SCR.A/9424/2022 ORDER DATED: 04/12/2023

undefined

SI and fine of Rs.10000/- and in default, further SI for 1 month.

4. It appears that the settlement has been arrived at between the complainant and present petitioner and the entire cheque amount has been paid to the respondent no. 2, which has been confirmed by the complainant by detailed affidavit, which has been placed on record. The complainant do not wish to proceed further and is willing to compound the offence. Accordingly, the petitioner by filing this petition, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

5. The petitioner also submits that the Company is willing to deposit cost as directed by the Supreme Court in case of Damodar S. Prabhu Vs. Sayed Babalal H., reported in (2010) 5 SCC 633, with the Legal Service Authority.

6. In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur Hardisingh Lohana, reported in (2004) 2 GLH 544, the coordinate Bench of this Court after considering various decisions of the Apex Court, took a view that it would be permissible for the High Court in exercise of its inherent powers under Section 482 of the Code, to record the settlement arrived at between the parties and acquit the accused of the charges.

NEUTRAL CITATION

R/SCR.A/9424/2022 ORDER DATED: 04/12/2023

undefined

7. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the petition is allowed. The judgment order 21.04.2022 passed by the learned JMFC, Dhansura and warrant if any, issued by the trial Court, are hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.2000/- with the Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(ILESH J. VORA,J) P.S. JOSHI