Jigneshsinh Baghaji Parmar vs State Of Gujarat
2023 Latest Caselaw 4943 Guj

     R/CR.RA/748/2023                                ORDER DATED: 27/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 748 of 2023

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                        JIGNESHSINH BAGHAJI PARMAR
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR PRATIK B BAROT(3711) 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 : 27/06/2023


                               ORAL ORDER

1. By way of this application, the applicant -

revisionist challenges the judgment of conviction and

sentence dated 08.12.2022 passed by the learned

Additional Chief Judicial Magistrate, Mahesana in

Criminal Case No.127 of 2012 under Section 138 of the

Negotiable Instruments Act, 1881. The above sentence

was challenged by way of an Appeal and the same was

confirmed on 26.05.2023 by the learned 4 th Additional

Sessions Judge, Mahesana in Criminal Appeal No.7 of

2023.

R/CR.RA/748/2023 ORDER DATED: 27/06/2023

2. Today, the complainant - Mr. Jigar Ajitkumar

Mehta is before this Court along with his affidavit as

respondent no.2, who states that he has received the total

amount and now he proposed to seek permission from the

Court for compounding the offence.

3. The complainant himself states that he does not

want to pursue the matter and has given his consent for

compounding the offence. The object of Section 147 of

the N.I. Act, which is an enabling provision, 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 total amount has been paid, in consonance

R/CR.RA/748/2023 ORDER DATED: 27/06/2023

with the object of the N.I. Act and the provisions under

Section 147 thereof, the matter is considered as

compounded.

4. In view of the above, application is allowed. The

order dated 08.12.2022 passed by the learned Additional

Chief Judicial Magistrate, Mahesana in Criminal Case

No.127 of 2012, which was upheld and confirmed on

26.05.2023 by the learned 4th Additional Sessions Judge,

Mahesana in Criminal Appeal No.7 of 2023 are quashed

and set aside. The applicant be released forthwith.

Direct service is permitted.

(GITA GOPI,J) Pankaj