Diwan Yasmin Rizwanbhai vs State Of Gujarat
2023 Latest Caselaw 821 Guj

    R/SCR.A/1429/2023                            ORDER DATED: 01/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CRIMINAL APPLICATION NO. 1429 of 2023

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                        DIWAN YASMIN RIZWANBHAI
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MR PARVEZ A PATHAN(10862) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR. J.K. 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 APP waives service of notice of Rule for and on behalf of respondent No. 1.

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 judgment and order dated 25.11.2022 passed by the learned 6th Additional JMFC, Bharuch in Criminal Case No. 8961 of 2022 whereby, the court below has simple imprisonment for a period of 1 year and in default ordered to undergo simple imprisonment for a period of three months.

3. It appears that the settlement has been arrived at between the complainant and present petitioner and the 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 petitioner by filing this petition, seeks compounding of the offence under Section 147

R/SCR.A/1429/2023 ORDER DATED: 01/02/2023

of the Negotiable Instruments Act.

4. The petitioner also submits that the Company 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.

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. Rule is made absolute to aforesaid extent. The judgment order passed by the Courts below i.e. order dated 25.11.2022 and warrant issued by the trial Court, are hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.2000/- before the High Court Legal Services Committee within one month.

Direct service permitted.

(ILESH J. VORA,J) prk