Kamlesh Fakirbhai Vaghela vs State Of Gujarat
2023 Latest Caselaw 581 Guj

     R/SCR.A/871/2023                                 ORDER DATED: 18/01/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 871 of 2023

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                          KAMLESH FAKIRBHAI VAGHELA
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1
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 : 18/01/2023

                                  ORAL ORDER

1. Rule returnable forthwith. Ms. Moxa Thakkar, learned APP and learned advocate appearing for the original complainant waive service of notice of Rule for and on behalf of respondent nos.1 and 2 respectively.

2. By this application filed under Section 482 of Cr.P.C., the applicant has sought quashing of the judgment and order dated 08.08.2022 passed by learned Sessions Judge, Sabarkantha at Himmatnagar in Criminal Appeal No.165 of 2021 confirming the judgment and order dated 24.11.2021 passed by learned Additional Judicial Magistrate First Class, Prantij in Criminal Case No.1315 of 2019 by which the applicant has been convicted for 6 months SI and also directed to pay Rs.1,20,000/- as fine and out of it, Rs.60,000/- shall be paid to the complainant and in default, further SI for 1 month has been imposed.

R/SCR.A/871/2023 ORDER DATED: 18/01/2023

3. 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 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.

4. 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.

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 application is hereby allowed. Rule is made

R/SCR.A/871/2023 ORDER DATED: 18/01/2023

absolute to the aforesaid extent. The judgment and order passed by the Courts below i.e. order dated 08.08.2022 and 24.11.2021 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.6,000/- with the Gujarat State Legal Service Authority within a period of 4 weeks from the date of receipt of this order. Direct service is permitted.

(ILESH J. VORA,J) TAUSIF SAIYED