Patel Bhikhabhai Mafatlal vs State Of Gujarat
2023 Latest Caselaw 2063 Guj

     R/CR.RA/1407/2019                            ORDER DATED: 03/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1407 of 2019
                               With
          R/CRIMINAL REVISION APPLICATION NO. 1408 of 2019

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                         PATEL BHIKHABHAI MAFATLAL
                                   Versus
                             STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR JIGAR D DAVE(6528) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                              Date : 03/03/2023

                               ORAL ORDER

1. In both these matters, the challenge is given to the concurrent finding of conviction and sentence under Section 138 of the Negotiable Instruments Act. In Criminal Revision Application No.1407 of 2019, it is prayed to quash and set aside judgment and order dated 13.6.2018 passed in Criminal Case No.296 of 2018 by learned 2 nd Additional Judicial Magistrate, First Class, Vijapur, District-Mehsana and judgment dated 20.9.2019 passed in Criminal Appeal No.102 of 2018 passed by learned 5th Additional Sessions Judge at Mehsana.

2. In Criminal Revision Application No.1408 of 2019, it is prayed to quash and set aside judgment and order dated 13.6.2018 passed in Criminal Case No.297 of 2018 by learned 2nd Additional Judicial Magistrate, First Class, Vijapur, District- Mehsana, and judgment and order dated 20.9.2019 passed in

R/CR.RA/1407/2019 ORDER DATED: 03/03/2023

Criminal Appeal No.103 of 2018 passed by learned 5 th Additional Sessions Judge at Mehsana.

3. The complainant-Kiritkumar Vrajlal Dave is present before this Court. He is identified by learned advocate Mr.Dipen Chaudhari. The complainant states that the matter is settled between the parties and affidavits of the complainant are filed to this effect in both these matters. The complainant states that he has settled the dispute and, in total, he is to receive an amount of Rs.4,50,000/- and, out of this amount, Rs.4,37,500/- is already deposited before the District Court, Mehsana, and the remaining amount of Rs.12,500/- he will receive in cash from the applicants.

4. Section 147 of the Negotiable Instruments Act is inserted by way of amendment to the Special Law, which has an over- riding effect to the provisions of Section 320 of Criminal Procedure Code. Accordingly, offence punishable under this Section is made compoundable since the complainant proposes to compound the case. Accordingly, the offence in question is considered as compounded.

5. In view of above, both these Criminal Revision Applications are allowed. Judgments and orders dated 13.6.2018 passed in Criminal Case Nos.296 and 297 of 2018 by learned 2nd Additional Judicial Magistrate, First Class, Vijapur, District-Mehsana and judgments and orders dated 20.9.2019 passed in Criminal Appeal Nos.102 and 103 of 2018 passed by learned 5th Additional Sessions Judge at Mehsana

R/CR.RA/1407/2019 ORDER DATED: 03/03/2023

are quashed and set aside. The amount, which is stated to be deposited before the trial Court, is ordered to be paid to the complainant, after due verification. Rule is made absolute accordingly.

(GITA GOPI,J) R.S. MALEK