Gujarat High Court
Javedmahammad Ismail Sheikh vs State Of Gujarat on 16 February, 2023
Bench: Ilesh J. Vora
R/CR.MA/3513/2023 ORDER DATED: 16/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 3513 of 2023
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JAVEDMAHAMMAD ISMAIL SHEIKH
Versus
STATE OF GUJARAT
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Appearance:
KAUSHAL S JANI(7627) for the Applicant(s) No. 1
MR RAJ H JOBANPUTRA(10779) for the Applicant(s) No. 1
KS JANI for the Respondent(s) No. 2
KANVA ANTANI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 16/02/2023
ORAL ORDER
1. Rule returnable forthwith. Mr. Antani, learned APP and Mr. Jani,
learned advocate waives service of notice of Rule for and on behalf of
respondent Nos. 1 and 2 respectively.
2. 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
31.12.2022 passed by the learned 4 th Addl. Judicial Magistrate First Class
at Gandhinagar in Criminal Case No. 3642 of 2021, whereby, the
petitioner has been convicted for 2 years and to pay compensation at the
rate of 6% p.a.
3. 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
R/CR.MA/3513/2023 ORDER DATED: 16/02/2023
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.
4. 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.
5. 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.
6. Thus, taking into account the fact of settlement, the compounding
of the offence is hereby permitted. As a result, the petition is allowed.
Rule is made absolute to aforesaid extent. The judgment order of the trial
Court 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.45,000/- with the Gujarat State Legal Service Authority within
a period of 1 month from the date of receipt of this order. Direct service
permitted.
(ILESH J. VORA,J)
P.S. JOSHI
