Gujarat High Court
Arvindbhai Karshanbhai Parmar ... vs State Of Gujarat on 20 December, 2023
NEUTRAL CITATION
R/SCR.A/16392/2023 ORDER DATED: 20/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16392 of 2023
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ARVINDBHAI KARSHANBHAI PARMAR (CONTRACTOR)
Versus
STATE OF GUJARAT
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Appearance:
MR DEEP B KOTHARI(12220) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 20/12/2023
ORAL ORDER
1. Learned advocate Mr. Satyam R. Upadhyay 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 original complainant is present in the Court and is
identified by his learned advocate.
2. Rule. Learned advocates waives service of rule for the
respective respondents.
3. 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.
4. By this application under Article 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
NEUTRAL CITATION
R/SCR.A/16392/2023 ORDER DATED: 20/12/2023
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dated 04.11.2022, passed by the learned Additional Chief Judicial
Magistrate, Bayad, in Criminal Case No. 1246 of 2017 below
Exh. 55 and judgment and order dated 11.12.2023 passed by the
2nd Additional Sessions Judge, Arvalli in Criminal appeal No.171 of
2022,by which the petitioner has been convicted and ordered to
undergo simple imprisonment for a period one year and ordered
to pay compensation of Rs.4,60,000/- to the complainant and in
case of default to pay such amount, to undergo further simple
imprisonment for a period of 3 months. The learned Sessions
Judge has confirmed and upheld the sentence recorded by the
learned Trial Court.
5. 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 complainant, which has
been confirmed by the complainant by detailed affidavit, which is
produced on record separately, the same is taken 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.
6. Learned advocate for the petitioner has submitted that
during the pendency of the appeal, wherein applicant has already
deposited 25% of the cheque amount, under Section 148 A of the
N.I. Act, which is Rs.1,15,000/- lying before the Court of Sessions
Judge, Arvalli, he has requested to return the same to accused as
dispute is settled.
NEUTRAL CITATION
R/SCR.A/16392/2023 ORDER DATED: 20/12/2023
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7. The petitioner also submits that the petitioner is willing to
deposit costs 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.
8. 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.
9. Thus, taking into account the fact of settlement, the
compounding of the offence is hereby permitted.
10. As a result, the petition is allowed. The judgment and
order dated 04.11.2022, passed by the learned Additional Chief
Judicial Magistrate, Bayad, in Criminal Case No. 1246 of 2017
below Exh. 55 and judgment and order dated 11.12.2023 passed
by the 2nd Additional Sessions Judge, Arvalli in Criminal appeal
No.171 of 2022 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
15% of the cheque amount with the Gujarat State Legal Services
Authority within a period of one week from the date of receipt of
this order.
11. Rs.1,15,000/-, which is lying before learned Sessions Judge,
Arvalli is ordered to be refund to the accused after due and
NEUTRAL CITATION
R/SCR.A/16392/2023 ORDER DATED: 20/12/2023
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proper verification, if applicant is no longer required in any other
offences.
12. Rule is made absolute to aforesaid extent. Direct service
permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
