Shailesh Bhupendrakumar Shukla vs State Of Gujarat
2023 Latest Caselaw 1974 Guj

    R/CR.RA/45/2023                                   ORDER DATED: 01/03/2023




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 45 of 2023

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                  SHAILESH BHUPENDRAKUMAR SHUKLA
                                Versus
                          STATE OF GUJARAT
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Appearance:
MR SHUSHIL R SHUKLA(5603) for the Applicant(s) No. 1
MS RINI S SHUKLA(11374) for the Applicant(s) No. 1
MR GAURAV CHUDASAMA(5660) for the Respondent(s) No. 2
MS SHRUTI PATHAK, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 01/03/2023

                                ORAL ORDER

1. By way of this Criminal Revision Application, the challenge is given to the judgment and order of conviction and sentence passed by the learned 3 rd Additional Chief Judicial Magistrate, Vadodara on 04.02.2019 passed in Criminal Case No.42949 of 2016 and further, the order dated 04.01.2023 of the learned 4th Additional Sessions Judge, Vadodara confirming the conviction.

2. The complainant - Sonal, W/o. Ashwin Bankelal Dubey is present before this Court. Learned Advocate Mr. Gaurav Chudasma identifies the complainant and

R/CR.RA/45/2023 ORDER DATED: 01/03/2023

further states that he has filed his Vakalatnama before the Registry. It is further submitted that since the complainant has settled the dispute and also as the cheque amount has been given to the complainant, there is no objection if the conviction is set aside.

3. Learned Advocate for the applicant submits that as per the Affidavit, Rs.1,20,000/- has been deposited before the Appellate Court and Rs.4,00,000/- before this Court.

4. Section 147 of the Negotiable Instruments Act, 1881 permits the offences to be compounded. Section 147 was inserted by way of an amendment and the same would overwrite the effect of sub-section (a) of Section 320 of the Code of Criminal Procedure, 1973 since the amount has been received and the parties have settled the dispute and matter can be considered to be compounded.

5. Since the matter has been compounded, the judgment of conviction and sentence is quashed and set aside. Let the amounts as deposited be disbursed to the

R/CR.RA/45/2023 ORDER DATED: 01/03/2023

complainant after carrying out the procedure for proper verification.

6. This application stands disposed of in the aforesaid terms. Direct Service is permitted.

Sd/-

(GITA GOPI,J) CAROLINE