Patel Bharatkumar Mafatlal vs State Of Gujarat
2023 Latest Caselaw 2281 Guj

     R/CR.RA/284/2023                                   ORDER DATED: 15/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 284 of 2023

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                        PATEL BHARATKUMAR MAFATLAL
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR PRANAV TRIVEDI APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 15/03/2023

                                 ORAL ORDER

1. RULE. Learned Additional Public Prosecutor

waives service of notice of Rule on behalf of respondent -

State.

2. By way of this application, the applicant -

revisionist challenges the judgment of conviction and

sentence dated 29.04.2022 passed by the learned 6 th

Chief Judicial Magistrate, First Class, Mahesana in

Criminal Case No.3491 of 2019, wherein the applicant

was sentenced to undergo one year of simple

imprisonment under Section 138 of the Negotiable

Instruments Act, 1881 and directed to pay compensation

R/CR.RA/284/2023 ORDER DATED: 15/03/2023

of Rs.1,00,000/-. The above sentence was challenged by

way of an Appeal and the same was confirmed on

27.12.2022 by the learned Additional Sessions Judge,

Mahesana, in Criminal Appeal No.159 of 2022.

3. Today, the complainant is present before this

Court with the affidavit, who is identified by Advocate Mr.

Gitendra S.Kotai. The vakalatnama of Advocate Mr. Kotai

be accepted. The complainant stated that he has received

total amount of the cheque and they have amicably

settled the matter and thus prays for quashing of the

conviction and sentence passed against the present

applicant - revisionist.

4. Learned Additional Public Prosecutor prayed

that no discretion may be exercised in favour of the

applicant.

5. Heard learned Advocates on both the sides and

perused the material on record. Section 147 of the N.I.

Act provides for compounding of the offence. It is an

enabling provision inserted by way of amendment to the

R/CR.RA/284/2023 ORDER DATED: 15/03/2023

special law and has an overriding effect to the provisions

of section 320 of the Cr.P.C.

6. Since the cheque amount has been given and in

view of the settlement arrived at between the parties, the

matter is considered as compounded. The order dated

29.04.2022 passed by the learned 6 th Chief Judicial

Magistrate, First Class, Mahesana in Criminal Case

No.3491 of 2019 and confirmed by judgment and order

dated 27.12.2022 by the learned Additional Sessions

Judge, Mahesana in Criminal Appeal No.159 of 2022 are

hereby quashed and set aside.

7. The applicant - revisionist be released from jail

forthwith. The present revision application stands

disposed of accordinlgy.

8. Direct service is permitted. Registry to

communicate this order to the concerned Court/authority

by Fax or Email forthwith.

(GITA GOPI,J) Pankaj