Gujarat High Court
Sunil Mulshankar Trivedi vs State Of Gujarat on 23 February, 2023
Bench: Ilesh J. Vora
R/CR.MA/3950/2023 ORDER DATED: 23/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 3950 of 2023
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SUNIL MULSHANKAR TRIVEDI
Versus
STATE OF GUJARAT
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Appearance:
MR JINESH H KAPADIA(5601) for the Applicant(s) No. 1
MR J.R. SHAH, ADVOCATE for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 23/02/2023
ORAL ORDER
1. Mr. J.R. Shah, 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. Jirga Jhaveri, learned
APP and Mr. J.R. Shah, 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 03.02.2023 passed by learned 11 th Additional
Sessions Judge, Rajkot in Criminal Appeal No.146 of 2019
R/CR.MA/3950/2023 ORDER DATED: 23/02/2023
confirming the judgment and order of conviction dated
13.05.2019 passed below Ex.53 by learned 3 rd Additional
Senior Civil Judge & Additional Chief Judicial Magistrate,
Rajkot in Criminal Case No.7342 of 2016 by which the
applicant has been convicted for 8 months SI and also
directed to pay Rs.1,62,000/- to the complainant as a
compensation and in default, SI for 4 months.
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 taken 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
R/CR.MA/3950/2023 ORDER DATED: 23/02/2023
the settlement arrived at between the parties and acquit
the accused of the charges.
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 Courts below i.e. order dated 03.02.2023
and 13.05.2019 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.16,000/- with the Gujarat State
Legal Service Authority within a period of 15 days from the
date of receipt of this order. Direct service is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
