Gujarat High Court
Mohmad Asraf Kadarbhai Malek vs State Of Gujarat on 10 January, 2023
Bench: Ilesh J. Vora
R/SCR.A/324/2023 ORDER DATED: 10/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 324 of 2023
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MOHMAD ASRAF KADARBHAI MALEK
Versus
STATE OF GUJARAT
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Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 10/01/2023
ORAL ORDER
1. Rule returnable forthwith. Mr.S.D. Moghariya, learned advocate
and Mr.Sharma, learned APP waive service of notice of Rule for and
on behalf of respondent Nos. 1 and 2 respectively.
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
20.10.2022 passed by 2nd Additional CJM, Bharuch, in Criminal Case
No.78/2019, whereby, the Petitioner has been convicted for 1 year
SI and also directed to pay the outstanding cheque amount of
Rs.62,000/- within a period of 60 days towards compensation to the
complainant, failing which, to undergo 4 months SI.
3. It appears that the settlement has been arrived at between the
complainant and present petitioner and the entire cheque amount
has been paid, 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
R/SCR.A/324/2023 ORDER DATED: 10/01/2023
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 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. Rule is made absolute. The judgment and order
20.10.2022 passed by 2nd Additional CJM, Bharuch, in Criminal Case
No.78/2019 is 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.10,000/-
with the District Legal Service Authority, Gujarat within a period of
15 days from the date of receipt of this order. Direct service
permitted.
(ILESH J. VORA,J)
KUMAR ALOK
