Gujarat High Court
Mansukhbhai Savshibhai ... vs State Of Gujarat on 28 February, 2023
Bench: Gita Gopi
R/CR.RA/158/2023 ORDER DATED: 28/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 158 of 2023
With
CRIMINAL MISC. APPLICATION (FOR CONDONATION OF
DELAY) NO. 1 of 2023
In R/CRIMINAL REVISION APPLICATION NO. 158 of 2023
======================================
MANSUKHBHAI SAVSHIBHAI SANKALIYA
Versus
STATE OF GUJARAT
======================================
Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 28/02/2023
ORAL ORDER
1. Learned advocate Ms. Esha S. Bhavsar has instructions to
appear on behalf of the respondent No. 2 - original complaint.
She shall file her appearance during the course of the day.
Order in Criminal Misc. Application (For Condonation of
Delay) No. 1 of 2023:
1. Heard, learned advocate Mr. Rathin Raval for the applicant
and learned advocate Ms. Bhavsar for the respondent No. 2.
R/CR.RA/158/2023 ORDER DATED: 28/02/2023
2. Delay of 248 days, caused in preferring main criminal
revision application, is condoned.
Order in Criminal Revision Application No. 158 of 2023:
1. Rule. Learned advocate for the respective respondents
waive service. With the consent of the learned advocates for the
parties, as the revisionist is in jail, the matter is taken up for final
hearing today.
2. Challenge in this revision is to the judgment and order of
conviction and sentence dated 12.03.2019 passed by learned 4 th
Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Rajkot in Criminal Case No. 4998 of 2017, which is
reaffirmed by an order dated 07.12.2021 passed by learned 11 th
Additional Session Judge, Rajkot in Criminal Appeal No. 76 of
2019. By the aforesaid order of the trial Court, the revisionist is
sentenced to one year simple imprisonment (SI) and also ordered
to pay compensation of Rs.6 lakh to the original complainant
failing which, to undergo further SI for eight months.
3. Original complainant - Rudrapratapsinh Varjangbhai
Boricha is present in the Court and identified by learned advocate
R/CR.RA/158/2023 ORDER DATED: 28/02/2023
Ms. Bhavsar.
4. At the outset, learned advocate Mr. Rathin Raval for the
revisionist stated at bar that the matter is amicably settled
between the parties. In support of such a submission, an
affidavit, duly affirmed by complainant - Rudrapratapsinh
Varjangbhai Boricha is produced, which is directed to be taken on
record.
4.1 The original complainant confirms the averments made in
the affidavit saying that the matter has been settled and that, he
has received the entire cheque amount in cash. It is further
submitted that the settlement has been arrived at due to
intervention of the elders of the community and further states
that since long, the accused is in jail.
4.2 Section 147 of the Negotiable Instruments Act, 1881 (NI
Act) is an enabling provision which provides for compounding of
offence. The said section was inserted by way of amendment to
the special law and the same having overriding effect over
Section (a) of Section 320 of the Criminal Procedure Code, 1973.
5. Thus, in view of the object of the Act and in consonance of
R/CR.RA/158/2023 ORDER DATED: 28/02/2023
the provisions of Section 147 of the NI Act, the matter is
considered as compounded. Thus, the impugned orders, referred
to herein above, are hereby quashed and set aside. The
revisionist is reported to be in jail. He is ordered to be released
forthwith, if not required in any other case. Rule is made
absolute accordingly.
[ Gita Gopi, J. ]
hiren
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