Brijeshkumar Rajendrabhai ... vs State Of Gujarat
2023 Latest Caselaw 5402 Guj

      R/CR.RA/797/2023                          ORDER DATED: 10/07/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION NO. 797 of 2023

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          BRIJESHKUMAR RAJENDRABHAI MISTRY
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR MOHD. SHAHRUKH M SAIYAD (11014) for the
Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 10/07/2023

                           ORAL ORDER

1. Challenge in this revision application at the instance of the

applicant - accused is given to the concurrent findings of the learned

Courts below of conviction and sentence for the offence punishable

under Section 138 of the Negotiable Instruments Act, 1881 (NI Act).

2. Rule. Learned advocates for the respective respondents waive

service.

R/CR.RA/797/2023 ORDER DATED: 10/07/2023

3. Learned advocate for the applicant states that total cheque

amount has been paid to the complainant and the complainant has no

grievance now. Respondent No. 2 - Harshaben Rajeshbhai

Bagadiya - original complainant is present before the Court and is

identified by learned advocate Mr. Vasim Raja A. Kureshi, who will

be filing his appearance before the registry, which may be accepted.

The learned advocate for the respondent No. 2 - original

complainant requested to allow the complainant to address the Court

by video conferencing as, due to ill health, she could not climb the

stairs, however, she has come to the Court and is at the ground floor.

The Court, therefore, permitted the learned advocate for the

complainant to make arrangement through his mobile device so that

the complainant gives the affirmation of the affidavit, filed by her,

which is taken on record, by way of video conferencing.

Complainant - respondent No. 2 - Harshaben Rajeshbhai Bagadiya

addressed the Court through video conferencing to state that she has

received the total cheque amount and the complainant does not want

to pursue the matter now in view of amicable settlement and has

given consent for compounding the offence.

R/CR.RA/797/2023 ORDER DATED: 10/07/2023

4. Since, the total cheque amount has been received by the

complainant and the complainant has given consent for

compounding the offence, keeping in mind the object of Section 147

of the NI Act, which is an enabling provision which provides for

compounding the offence and may require the consent of the

aggrieved for compounding the offence, however, the specific

provision under Section 147, inserted by way of amendment towards

special law, would give overriding effect to sub-section (1) of

Section 320 Criminal Procedure Code, 1973 (CrPC) as has been

observed in the case of Damodar S. Prabhu v. Sayed Baba Lal,

AIR 2010 SC 1907. Accordingly, as the dispute has been resolved

and the total cheque amount has been paid to the complainant, in

consonance with the object of the NI Act and the provisions under

Section 147 thereof, the matter is considered as compounded.

5. In aforesaid view of the matter, the judgment and order passed

by the learned trial Court of conviction and sentence for the offence

punishable under Section 138 of the NI Act, as affirmed by the

learned appellate Court, are quashed and set aside. The applicant

R/CR.RA/797/2023 ORDER DATED: 10/07/2023

stands acquitted. The present revision application is allowed in the

above terms. Rule is made absolute accordingly.

5.1 The applicant is reported to be in jail. Accordingly, the

concerned jail authority is directed to release him forthwith, if not

required in any other case.

5.2     Direct service is permitted.



                                                      [ Gita Gopi, J. ]
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