Gujarat High Court
Zala Dalpatsinh Kodarsinh vs State Of Gujarat on 2 February, 2023
Bench: Ilesh J. Vora
R/CR.MA/23325/2022 ORDER DATED: 02/02/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 23325 of 2022
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ZALA DALPATSINH KODARSINH
Versus
STATE OF GUJARAT
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Appearance:
MR YOGESH G KANADE(3114) for the Applicant(s) No. 1
MR S.C. SHARMA, ADVOCATE for the Respondent(s) No. 2
MRS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/02/2023
ORAL ORDER
1. Mr. S.C. Sharma, 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. Mrs. Krina Calla, learned
APP and Mr. S.C. Sharma, 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 10.11.2022 passed by learned 2 nd Additional
Chief Judicial Magistrate, Gandhinagar in Criminal Case
R/CR.MA/23325/2022 ORDER DATED: 02/02/2023
No.3766 of 2020 by which the applicant has been
convicted for 1 year SI and also directed to pay
compensation to the complainant and in default,
imprisonment of six months was imposed.
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 is ordered to be 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
the settlement arrived at between the parties and acquit
the accused of the charges.
R/CR.MA/23325/2022 ORDER DATED: 02/02/2023
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 Court below i.e. order dated 10.11.2022
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.40,000/- with the Gujarat State Legal Service
Authority within a period of one week from the date of
receipt of this order. Direct service is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
