Jashbhai Gordhanbhai Parmar vs State Of Gujarat
2023 Latest Caselaw 623 Guj

      R/CR.MA/22448/2022                              ORDER DATED: 20/01/2023




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC. APPLICATION NO. 22448 of 2022

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                           JASHBHAI GORDHANBHAI PARMAR
                                       Versus
                                 STATE OF GUJARAT
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Appearance:
MR TANVIR Y MALEK(12838) for the Applicant(s) No. 1
MR YUNUS U MALEK(5343) for the Applicant(s) No. 1
MR JAIMIN MEHTA for the Respondent(s) No. 2
HARDIK SONI APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                  Date : 20/01/2023

                                   ORAL ORDER

1. Rule returnable forthwith. Mr. Hardik Soni, learned APP and Mr. Jaimin Mehta, learned advocate waives 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 18.11.2021 passed by the learned 5th Additional Sessions Judge, Anand in Criminal Appeal No. 362 of 2021, whereby, the learned Sessions Court has rejected the Appeal, confirming the judgment and order dated 16.10.2021 passed by the learned 5th Additional Chief Judicial Magistrate, Anand in Criminal Case No. 3469 of 2020, by which, the petitioner has been convicted for 1 month SI and compensation of cheque amount to the respondent no.2 with 9% interest from the returnable date of the cheque and fine of Rs.5000/- in default.

R/CR.MA/22448/2022 ORDER DATED: 20/01/2023

3. It appears that the settlement has been arrived at between the complainant and present petitioner and the 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 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 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 petition is allowed. Rule is made absolute to aforesaid extent. The judgment order passed by the Courts below i.e. order dated 16.10.2021 and 18.11.2021 and warrant, if any, issued by the trial Court, are hereby quashed and set aside. The petitioner is acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit Rs.5000/- of the cheque amount with the Gujarat State Legal Service

R/CR.MA/22448/2022 ORDER DATED: 20/01/2023

Authority within a period of 4 weeks from the date of receipt of this order. Direct service permitted.

(ILESH J. VORA,J) P.S. JOSHI