Gujarat High Court
Rajendrasinh Digvijaysinh Zala vs State Of Gujarat on 15 December, 2023
NEUTRAL CITATION
R/SCR.A/16155/2023 ORDER DATED: 15/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16155 of 2023
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RAJENDRASINH DIGVIJAYSINH ZALA
Versus
STATE OF GUJARAT
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Appearance:
MR URVESH M PRAJAPATI(8878) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAISWAL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/12/2023
ORAL ORDER
1. Learned advocate Mr. Nabil Khan states that he has
instructions to appear on behalf of the original complainant and
thereby, seeks permission to file his Vakalatnama, which is
granted. The affidavit of the original complainant is produced at
Annexure-C of the present petition.
2. Heard learned advocates for the respective parties.
3. RULE. Learned advocates waive service of notice of Rule on
behalf of the respective respondents.
4. Considering the facts and circumstances of the case and
since it is jointly stated at the Bar by learned advocates on both
the sides that the dispute between the parties has been resolved
amicably, this matter is taken up for final disposal forthwith.
NEUTRAL CITATION
R/SCR.A/16155/2023 ORDER DATED: 15/12/2023
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5. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C."),
the applicant has prayed to quash and set aside the judgment
and order dated 08.11.2019 passed by the learned Judicial
Magistrate, First Class, Vijapur, District Mahesana in Criminal
Case No.378 of 2019 as well as the judgment and order dated
01.08.2023 passed by the learned 4 th Additional Sessions Judge,
Mahesana in Criminal Appeal No.281 of 2019 and all the
consequential proceedings arising therefrom.
6. Learned advocates for the respective parties submitted
that during the pendency of proceedings, the parties have
settled the dispute amicably and pursuant to such mutual
settlement, the original complainant has also filed an Affidavit,
which is on record. In the Affidavit, the original complainant has
categorically stated that the dispute with the applicants has been
resolved amicably and that he has no objection, if the present
proceedings are quashed and set aside since there is no surviving
grievance between them.
7. Having heard learned advocates on both the sides and
considering the fact that the offence is compoundable under
Section 138 of the of the Negotiable Instruments Act and
considering the circumstances of the case and as the case is
compundable under Section 147 of the NI Act and keeping in
mind the principle laid down by the Apex Court in the cases of
Damodar S. Prabhu v. Syed Babalal H. reported in (2010) 5 SCC
663 in the opinion of this Court, the further continuation of
NEUTRAL CITATION
R/SCR.A/16155/2023 ORDER DATED: 15/12/2023
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criminal proceedings against the applicant in relation to the
impugned complaint would cause unnecessary harassment to the
applicant. Further, the continuance of trial pursuant to the
mutual settlement arrived at between the parties and to secure
the ends of justice, it would be appropriate to quash and set
aside the impugned order of conviction and all consequential
proceedings initiated in pursuance thereof under Section 482 of
the Cr.P.C..
8. In the result, the application is allowed on condition that
the petitioner shall have to deposit 15% of cheque amount of
Rs.1,50,000/- before the State Legal Services Authority. The
impugned conviction judgment and order dated 08.11.2019
passed by the learned Judicial Magistrate, First Class, Vijapur,
District Mahesana in Criminal Case No.378 of 2019 as well as the
judgment and order dated 01.08.2023 passed by the learned 4 th
Additional Sessions Judge, Mahesana in Criminal Appeal No.281
of 2019 are hereby quashed and set aside. If the applicant is in
jail, the jail authority concerned is directed to release the
applicant forthwith, if his presence is no longer required in
connection with any other case. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
