Prashant Sureshbhai Chauhan vs State Of Gujarat
2023 Latest Caselaw 1706 Guj

     R/CR.MA/3741/2023                              ORDER DATED: 20/02/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 3741 of 2023

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                         PRASHANT SURESHBHAI CHAUHAN
                                     Versus
                               STATE OF GUJARAT
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Appearance:
SURESH M CHAUDHARY(9938) for the Applicant(s) No. 1
MR ANURAG RATHOR, ADVOCATE for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 20/02/2023

                                 ORAL ORDER

1. Mr. Anurag Rathor, learned advocate states that he has instructions to appear for the respondent no.2-original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the same.

2. Rule returnable forthwith. Ms. Maithili Mehta, learned APP and Mr. Anurag Rathor, learned advocate waive service of notice of Rule for and on behalf of respondent nos.1 and 2 respectively.

3. By this application filed under Section 482 of Cr.P.C., the applicant has sought quashing of the judgment and order dated 19.12.2022 passed by learned 17 th Additional Senior Civil Judge & Additional Chief Judicial Magistrate,

R/CR.MA/3741/2023 ORDER DATED: 20/02/2023

Rajkot in Criminal Case No.2158 of 2016 by which the applicant has been convicted for 3 months SI and also directed to pay Rs.40,000/- to the complainant as a compensation and in default, further SI for 6 months was imposed.

4. It appears that the settlement has been arrived at between the complainant and the present applicant and entire cheque amount has been paid to the respondent no.2, which has been confirmed by the 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 applicant by filing this application, seeks compounding of the offence under Section 147 of the Negotiable Instruments Act.

5. The applicant also submits that the applicant 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.

6. 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.

R/CR.MA/3741/2023 ORDER DATED: 20/02/2023

7. Thus, taking into account the fact of settlement, the compounding of the offence is hereby permitted. As a result, the application is hereby allowed. Rule is made absolute to the aforesaid extent. The judgment and order passed by the Court below i.e. order dated 19.12.2022 and warrant issued by the trial Court, if any, are hereby quashed and set aside. The applicant is acquitted of the offences under the provisions of the Negotiable Instruments Act. The applicant is directed to deposit an amount of Rs.4,000/- with the Gujarat State Legal Service Authority within a period of 2 weeks from the date of receipt of this order. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED