Gujarat High Court
Yogeshbhai Pravinbhai Bhesaniya vs State Of Gujarat on 1 February, 2023
Bench: Ilesh J. Vora
R/SCR.A/951/2023 ORDER DATED: 01/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 951 of 2023
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YOGESHBHAI PRAVINBHAI BHESANIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BHARGAV P DANGAR(10685) for the Applicant(s) No. 1
MR HITENDRA D RAJPUT, ADVOCATE for the Respondent(s) No. 2
MR JK SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 01/02/2023
ORAL ORDER
1. Rule returnable forthwith. Learned counsel for the respective
Respondents waive service of notice of Rule.
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 impugned judgment and
order dated 23.08.2021 passed by Additional JMFC, Bhesan, in CC
No.141/2019, whereby, the Petitioner has been convicted for 1 year
and also directed to pay the cheque amount of Rs.15,10,000/- as a
compensation to the complainant, failing which, to undergo 30 days
S, which has been confirmed by the learned District and Sessions
Court, Visavadar vide order dated 21.10.2022.
3. It appears that the settlement has been arrived at between the
complainant, 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 petitioner by filing this
petition, seeks compounding of the offence under Section 147 of the
R/SCR.A/951/2023 ORDER DATED: 01/02/2023
Negotiable Instruments Act.
4. The petitioner also submits that the Company is willing to deposit
cost as directed by the Supreme Court in cased 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. The impugned judgment and order dated
23.08.2021 passed by Additional JMFC, Bhesan, in CC No.141/2019
as well as order dated 21.10.2022 passed by learned District and
Sessions Court, Visavadar in Criminal Appeal No.3/2021 are hereby
quashed and set aside. The petitioner is acquitted from the offences
under the provisions of the Negotiable Instruments Act. The
petitioner is directed to deposit Rs.1,00,000/- with the Gujarat State
Legal Service Authority within a period of 4 weeks from the date of
receipt of this order. Direct service permitted.
Rule is made absolute.
(ILESH J. VORA,J)
SUCHIT
