Keshurbhai Parbatbhai Dangar vs State Of Gujarat
2023 Latest Caselaw 166 Guj

      R/SCR.A/121/2023                                  ORDER DATED: 06/01/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 121 of 2023
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                         KESHURBHAI PARBATBHAI DANGAR
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
MS KOMAL MAJETHIYA, ADVOCATE for the Respondent(s) No. 2
MS MOXA THAKKAR, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 06/01/2023

                                 ORAL ORDER

1. Rule returnable forthwith. Learned counsel appearing for the respondents waive 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 for quashing and setting aside the proceedings being Criminal Case No. 134/2019 and resultant judgment and order dated 30.07.2022 passed by ld. Chief Judicial Magistrate, Khambhaliya, as well as judgment dated 03.12.2022 passed in Criminal Appeal No.34/2022 by Principal Sessions Judge, Devbhoomi Dwarka at Khambhaliya and other consequential proceedings arising out of the aforesaid complaint qua the applicant, whereby, the Petitioner has been convicted for 2 years SI and also directed to pay the double amount of cheque as a compensation to the complainant, failing which, to undergo 1 month SI.

R/SCR.A/121/2023 ORDER DATED: 06/01/2023

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 Negotiable Instruments Act.

4. The petitioner also submits that the petitioner 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 judgment and order dated 30.07.2022 passed by ld. Chief Judicial Magistrate, Khambhaliya, as well as judgment dated 03.12.2022 passed in Criminal Appeal No.34/2022 by Principal Sessions Judge, Devbhoomi Dwarka at Khambhaliya and other consequential proceedings arising out of the aforesaid complaint are hereby quashed and set aside. The petitioner is acquitted from the offences under the provisions of the Negotiable

R/SCR.A/121/2023 ORDER DATED: 06/01/2023

Instruments Act.

7. The petitioner is directed to deposit Rs.80,000/- with the Gujarat State Legal Service Authority within a period of two months from the date of receipt of this order.

Rule is made absolute. Direct service permitted.

(ILESH J. VORA,J) SUCHIT