Gujarat High Court
Prajapati Sanjaykumar Natwarlal vs State Of Gujarat on 16 January, 2023
Bench: Ilesh J. Vora
R/SCR.A/651/2023 ORDER DATED: 16/01/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 651 of 2023
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PRAJAPATI SANJAYKUMAR NATWARLAL
Versus
STATE OF GUJARAT
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Appearance:
RONITH JOY(9560) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR SHUBHAM JOSHI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 16/01/2023
ORAL ORDER
1. Mr. P.B. Rupala, learned advocate 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. Mr. Shubham Joshi, learned
APP and Mr. P.B. Rupala, 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 19.12.2022 passed by learned 3 rd Additional
Chief Judicial Magistrate, Gandhinagar in Criminal Case
R/SCR.A/651/2023 ORDER DATED: 16/01/2023
No.8784 of 2019 by which the applicant has been
convicted for 18 months SI and also directed to pay fine of
Rs.3,20,000/- and in default, further SI for 6 months.
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 has been placed 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.
7. Thus, taking into account the fact of settlement, the
R/SCR.A/651/2023 ORDER DATED: 16/01/2023
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
dated 19.12.2022 passed by learned 3rd Additional Chief
Judicial Magistrate, Gandhinagar in Criminal Case No.8784
of 2019 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.25,000/- with the Gujarat State Legal Service
Authority within a period of one month from the date of
receipt of this order. Direct service is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
