Sudhir Chandulal Patel vs State Of Gujarat
2023 Latest Caselaw 5058 Guj

      R/CR.RA/772/2023                          ORDER DATED: 30/06/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION NO. 772 of 2023

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                 SUDHIR CHADULAL PATEL
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR PRAVIN GONDALIYA(1974) 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 : 30/06/2023

                           ORAL ORDER

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

applicant - accused 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/772/2023 ORDER DATED: 30/06/2023

3. The 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 - Bhargav Paragbhai Devani -

original complainant is present before the Court and is identified by

learned advocate Mr. Anand Thakkar, who proposes to file his

appearance for the respondent No. 2, which may be accepted by the

registry. The learned advocate for the respondent No. 2 - original

complainant states that the complainant has received the total cheque

amount by cash and a cheque of the HDFC Bank 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 an affidavit to that effect, which

is directed to be taken on record.

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

R/CR.RA/772/2023 ORDER DATED: 30/06/2023

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

stands acquitted. The present revision application is allowed in the

above terms. Rule is made absolute accordingly.

[ Gita Gopi, J. ] hiren /54