Gujarat High Court
Kalpeshbhai Dhanjibhai ... vs State Of Gujarat on 26 June, 2023
Bench: Samir J. Dave
R/SCR.A/2546/2023 ORDER DATED: 26/06/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 2546 of 2023
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KALPESHBHAI DHANJIBHAI MANGUKIYA
Versus
STATE OF GUJARAT
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1,2
MR. VARUN G RAI(7135) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE
Date : 26/06/2023
ORAL ORDER
1. Considering the issue involved in the present application
and with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the
dispute amongst the applicants and complainant has been
resolved amicably, this matter is taken up for final disposal
forthwith.
2. By way of this application under Section 482 of the Code
of Criminal Procedure, 1973 (hereinafter referred to as "the
Code"), the applicants have prayed for quashing and setting
aside the proceedings of Criminal Case No. 129 OF 2023
pending before the learned Additional Chief Judicial
Magistrate, Sanand as well as other consequential proceedings
R/SCR.A/2546/2023 ORDER DATED: 26/06/2023
arising therefrom.
3. Learned counsel for the respective parties submitted that
during pendency of the criminal proceedings, as referred to
above, the parties have amicably settled their issue by way of
mutual settlement and pursuant to understanding arrived at,
the Complainant has accordingly filed an affidavit, which is on
record. The complainant has categorically stated in the
affidavit that dispute is amicably resolved and has no
objections if the present proceedings are quashed and there is
no surviving grievance between them.
4. Heard learned advocates for the respective parties.
5. Having heard the learned counsel for the respective
parties, considering the facts and circumstances arising out of
the present application as well as taking into consideration the
decision rendered in the cases of Vinay Devanna Nayak V/s
Ryot Seva Sahakari Bank Ltd. reported in AIR 2008 SC 716,
Hon'ble Apex Court, wherein it is observed in paras 17 and 18
of the judgment :
"17. As observed by this Court in Electronic Trade & Technology
Development Corporation Ltd. V. Indian Technologists and
Engineers, (1996) 2 SCC 739, the object of bringing Section 138
in the statute book is to inculcate faith in the efficacy of banking
operation and credibility in transacting business on negotiable
instruments. The provision is intended to prevent dishonesty on
the party of the drawer of negotiable instruments in issuing
R/SCR.A/2546/2023 ORDER DATED: 26/06/2023
cheques without sufficient funds or with a view to inducing the
payee or holder in due course to act upon it. It thus seeks to
promote the efficacy of banking operations and ensures
credibility in transacting business through cheques. In such
matters, therefore, normally compounding of offences should not
be denied. Presumably, Parliament also realized this aspect and
inserted Section 147 by the Negotiable Instruments (Amendment
and Miscellaneous Provisions) Act, 2002 (Act 55 of 2002)".
18. Taking into consideration even the said provision (Section
147) and the primary object underlying Section 138, in our
judgment, there is no reason to refuse compromise between the
parties. We therefore dispose of the appeal on the basis of the
settlement arrived at between the appellant and the respondent."
6. Applying the ratio of the aforesaid decision of the Apex
Court to the facts of the present case as well as considering the
settlement arrived at between the parties and contents of the
affidavit filed by the respondent no.2, I am of the opinion that
the present application is required to be allowed and the
parties be permitted to compound the offence as well as
proceedings of Criminal Case No. 129 of 2023 pending before
the learned Additional Chief Judicial Magistrate, Sanand and
other consequential proceedings are required to be quashed
and set aside in exercise of powers conferred under Section
482 of the Code.
7. Resultantly, this application is allowed. The proceedings
of Criminal Case No. 129 of 2023 pending before the learned
R/SCR.A/2546/2023 ORDER DATED: 26/06/2023
Additional Chief Judicial Magistrate, Sanand as well as other
consequential proceedings are hereby quashed and set aside
qua the present applicants herein. Accordingly, Rule is made
absolute.
Direct service is permitted.
(SAMIR J. DAVE,J)
K. S. DARJI
