Gujarat High Court
Rakeshbhai Vallabhbhai Bharala vs State Of Gujarat on 15 December, 2023
NEUTRAL CITATION
R/SCR.A/16195/2023 ORDER DATED: 15/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16195 of 2023
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RAKESHBHAI VALLABHBHAI BHARALA
Versus
STATE OF GUJARAT
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Appearance:
MR JIMIT P SHAH(9917) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR SOHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/12/2023
ORAL ORDER
1. When the matter is called out, learned advocate for the
petitioner remained absent.
2. By way of present petition the petitioner has requested to
quash and set aside the judgment and order dated 26.07.2023
passed by 23rd Additional Chief Judicial Magistrate, Rajkot in
Criminal Case No.1208 of 2020, whereby the learned Magistrate
has been pleased to convict the petitioner for the offence under
Section 138 of Negotiable Instruments Act, 1881.
3. Heard learned advocates appearing for the respective
parties.
4. Considering the facts of the case, it appears that the
petitioner has approached this Court directly by filing the
present petition without seeking recourse to the appropriate
authority for an alternative remedy.
NEUTRAL CITATION
R/SCR.A/16195/2023 ORDER DATED: 15/12/2023
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5. Considering the law laid down by this Court in the case of
Bhoomi Exim & Anr. Vs. State of Gujarat & Anr.
(SCR.A/12711/2023, dated 07.10.2023); decision of Hon'ble
Supreme Court in the case of Arun Shankar Shukla vs. State of
U.P & Ors. reported in (1999)6 SCC 146 and in the case of
Hamida Vs. Rashid alias Rasheed and Ors. reported in (2008) 1
SCC 474 as also considering the fact that the petitioner has
availed the statutory remedy and as the offence is compoundable
under Section 147 of the NI Act, if the petitioner wants to
compound the offence then he ought to have proceed with the
criminal appeal before the learned City Sessions Court and
therefore, this Court is not inclined to entertain the present
petition at this stage. The Hon'ble Apex Court in the case of
Hamida (Supra) has been pleased to observe in paragraph No.6
as under:
"6. We are in agreement with the contention
advanced on behalf of the complainant appellant.
Section 482 Cr.P.C. saves the inherent powers of the
High Court and its language is quite explicit when it
says that nothing in the Code shall be deemed to
limit or affect the inherent powers of the High Court
to make such orders as may be necessary to give
effect to any order under the Code, or to prevent
abuse of the process of any Court or otherwise to
secure the ends of justice. A procedural Code,
however exhaustive, cannot expressly provide for all
time to come against all the cases or points that may
possibly arise, and in order that justice may not
suffer, it is necessary that every court must in proper
cases exercise its inherent power for the ends of
justice or for the purpose of carrying out the other
provisions of the Code. It is well established principle
that every Court has inherent power to act ex debito
justitiae to do that real and substantial justice for
NEUTRAL CITATION
R/SCR.A/16195/2023 ORDER DATED: 15/12/2023
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the administration of which alone it exists or to
prevent abuse of the process of the Court. As held by
the Privy Council in Emperor v. Khwaja Nazir Ahmad
AIR 1945 PC 18 with regard to Section 561-A of the
Code of Criminal Procedure, 1898 (Section 482
Cr.P.C. is a verbatim copy of the said provision) gives
no new powers. It only provides that those which the
Court already inherently possesses shall be
preserved and is inserted, lest it should be
considered that the only powers possessed by the
Court are those expressly conferred by the Code and
that no inherent power had survived the passing of
the Act."
6. In view of above settled position of law, present petition is
dismissed. However, if the parties appear before the learned City
Sessions Court then the concerned Court shall expedite the
hearing / proceeding of Criminal Appeal filed by the petitioner.
7. With above observations, present petition is dismissed at
this stage. It is made clear that this Court has not examined the
merits of the case.
(HASMUKH D. SUTHAR,J)
ALI
