Gujarat High Court
Mukeshbhai Amratbhai Chaudhary vs Ibrahimbhai Hasanbhai Mansuri on 27 February, 2023
Bench: Samir J. Dave
R/SCR.A/2647/2023 ORDER DATED: 27/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2647 of 2023
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MUKESHBHAI AMRATBHAI CHAUDHARY
Versus
IBRAHIMBHAI HASANBHAI MANSURI
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Appearance:
MR AMIT P PATEL(3498) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR MANAN MEHTA APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 27/02/2023
ORAL ORDER
1. Rule. Learned APP and learned advocate Ms. Mrinal
Bhatnagar appearing for the original complainant waive service
of notice of rule on behalf of the respective respondents. With
the consent of learned advocates on both the sides, the matter
is heard finally.
2. By way of this petition filed under Section 482 of the
Code of Criminal Procedure, the petitioner-convict has prayed
to quash and set aside, on the basis of compromise arrived at
between the parties, the judgment and order dated 31.12.2022
passed by the learned 4th Addl. Judicial Magistrate (F.C.),
Gandhinagar in Criminal Case No.5080 of 2020 whereby, the
petitioner came to be convicted for the offence punishable
R/SCR.A/2647/2023 ORDER DATED: 27/02/2023
under Section 138 of the Negotiable Instruments Act, 1881 (for
short, "the NI Act") and has been sentenced to undergo SI for
two years and to pay compensation of Rs.10 Lacs along with
6% interest from the date of complaint to the original
complainant.
3. Learned advocate Mr. Amit Patel appearing for the
petitioner-accused submitted that the parties have mutually
settled the dispute and that pursuant to such settlement, the
original complainant has also filed an Affidavit, which is on
record. The complainant has categorically stated in the
Affidavit that the dispute between them has been amicably
resolved and that he has no objection, if the impugned
judgment and order of conviction and sentence as also the
consequential proceedings, if any, are quashed and set aside as
no grievance survives between them.
4. Heard learned advocates on both the sides. Section 147
of the NI Act deals with "Offences to be compoundable". It
was inserted by Act No.55 of 2002 with effect from
06.02.2003. For ready reference, Section 147 is reproduced
hereunder:-
"147. Offences to be compoundable. - Notwithstanding
anything contained in the Code of Criminal Procedure,
R/SCR.A/2647/2023 ORDER DATED: 27/02/2023
1973 (2 of 1974), every offence punishable under this Act
shall be compoundable."
5. Section 147 of the N.I. Act is in the nature of an
enabling provision, which provides for the compounding of
offences prescribed under the Act and thereby, serving as an
exception to the general rule incorporated in Section 320 of
Cr.P.C. which states that "No offence shall be compounded
except as provided by this Section". However, since Section
147 was inserted by way of an amendment to a special law,
the same would override the effect of Section 320(a) of Cr.P.C.
especially keeping in mind that Section 147 carries a non-
obstante clause.
6. In Damodar S. Prabhu v. Sayed Babalal H., AIR 2010 SC
1907, the Apex Court held that Section 147 of the N.I. Act is
in the nature of an enabling provision and serves as an
exception to the general rule incorporated in sub-section (a) of
Section 320 of Cr.P.C. Considering the facts and circumstances
of the case and the principle rendered in Damodar S.
Prabhus's case (supra), the offence in question deserves to be
compounded.
R/SCR.A/2647/2023 ORDER DATED: 27/02/2023
7. In the result, the petition is allowed. The impugned
judgment and order dated 31.12.2022 passed by the learned 4 th
Addl. Judicial Magistrate (F.C.), Gandhinagar in Criminal Case
No.5080 of 2020 and all consequential proceedings are quashed
and set aside and the petitioner is acquitted of the charge/s
levelled against him. Rule is made absolute.
(SAMIR J. DAVE, J)
PRAVIN KARUNAN
