Gujarat High Court
Ashokbhai Gandalal Bapodariya vs State Of Gujarat on 6 December, 2023
NEUTRAL CITATION
R/CR.RA/1507/2023 ORDER DATED: 06/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1507 of 2023
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ASHOKBHAI GANDALAL BAPODARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR.NAYANKUMAR V SHUKLA(10184) for the Applicant(s) No. 1
MR. A.B.CHAUHAN for the Respondent(s) No. 2
MR. HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 06/12/2023
ORAL ORDER
1. Learned advocate Mr. A.B.Chauhan states that 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/1507/2023 ORDER DATED: 06/12/2023
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4. Rule. Learned APP Ms. Patel waives service of notice of rule
for the respondent - State and Mr. A.B.Chauhan 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 9th November, 2023
passed by the learned 2nd Additional Sessions Judge,
Morbi in Criminal Appeal No.29 of 2019, whereby, the
learned 2nd Additional Sessions Judge, Morbi has
confirmed the judgment and order dated 19th March, 2019
passed by the learned Chief Judicial Magistrate, Halvad in
Criminal Case No. 423 of 2018, whereby, the learned
Additional Chief Judicial Magistrate, Halvad has sentenced
the applicant - original accused 18 months simple
imprisonment for the offence punishable under Section 138
of the Negotiable Instrument Act with a fine of Rs.10,000/-
and in default further simple imprisonment for 30 days and
has also ordered the applicant to pay an amount of
Rs.5,37,066/- to the complainant from the date of filing of the
complaint till its realization.
6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Halvad, the present applicant filed Criminal Appeal No. 29 of
2019 before the learned 2nd Additional District & Sessions
Judge, Morbi. Learned 2nd Additional District & Sessions
NEUTRAL CITATION
R/CR.RA/1507/2023 ORDER DATED: 06/12/2023
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Judge, Morbi, vide judgment and order dated 9 th November,
2023 confirmed the judgment and order passed by learned
Additional Chief Judicial Magistrate, Halvad and rejected the
appeal. Hence, the applicant filed the present criminal
revision application.
7. Learned advocate Mr. Shukla for the applicant submits that
the cheque amount has been given to the original
complainant, who is present before this Court and now, the
matter is amicably settled between the parties.
9. Learned advocate Mr. Shukla 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-1 of the affidavit filed by the complainant.
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R/CR.RA/1507/2023 ORDER DATED: 06/12/2023
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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. 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
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R/CR.RA/1507/2023 ORDER DATED: 06/12/2023
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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
powers conferred upon this Court.
14. Resultantly, this application is allowed. The judgment and
order dated 19th March, 2019 passed by the learned
Additional Chief Judicial Magistrate, Halvad in Criminal Case
No.423 of 2018 as well as impugned judgment and order
dated 09th November, 2023 passed by the learned 2nd
Additional District & Sessions Judge, Morbi in Criminal
Appeal No. 29 of 2019 are hereby quashed and set aside
subject to deposit 20% 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
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)
VVM
