Gujarat High Court
Jagdishbhai Ramjashbhai ... vs State Of Gujarat on 19 June, 2023
Bench: Gita Gopi
R/CR.RA/81/2021 ORDER DATED: 19/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 81 of 2021
With
CRIMINAL MISC. APPLICATION (REGULAR BAIL) NO. 1
of 2021
In R/CRIMINAL REVISION APPLICATION NO. 81 of 2021
With
R/CRIMINAL REVISION APPLICATION NO. 82 of 2021
With
CRIMINAL MISC. APPLICATION (REGULAR BAIL) NO. 1
of 2021
In R/CRIMINAL REVISION APPLICATION NO. 82 of 2021
With
R/CRIMINAL REVISION APPLICATION NO. 83 of 2021
With
CRIMINAL MISC. APPLICATION (REGULAR BAIL) NO. 1
of 2021
In R/CRIMINAL REVISION APPLICATION NO. 83 of 2021
=================================================
JAGDISHBHAI RAMJASHBHAI SAMARIYA
Versus
STATE OF GUJARAT
=================================================
Appearance:
MR AMRISH K PANDYA(3219) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 19/06/2023
ORAL ORDER
1. Challenge in these revision applications at the instance of the
R/CR.RA/81/2021 ORDER DATED: 19/06/2023
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. Learned advocate Mr. Amrish Pandya for the applicant states
that total cheque amount has been paid to the complainant and the
complainant has no grievance now. Respondent No. 2 - Taraben
Balkrishna Pandey - original complainant, who is the Proprietor of
Jhanvi Electrical, is present before the Court and is identified by the
learned advocate appearing on behalf of the respondent No. 2. The
learned advocate for the respondent No. 2 - original complainant
states that the complainant 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. The complainant also files a copy of Settlement
Deed,which was executed before the Notary, a perusal of which
reveals payment of money in two instalments, which is directed to
be taken on record.
R/CR.RA/81/2021 ORDER DATED: 19/06/2023
3. 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.
4. 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/81/2021 ORDER DATED: 19/06/2023
stands acquitted. The present revisions applications are allowed in
the above terms. Rule is made absolute accordingly in each revision
application.
4.1 In view of main revision applications are allowed as aforesaid,
civil applications therein, also stand disposed of accordingly.
4.2 Registry to keep a copy of this order in each matter.
[ Gita Gopi, J. ]
hiren
/PC-3, 4, 5
