Vishnudan Ishwardan Gadhvi vs State Of Gujarat
2023 Latest Caselaw 2448 Guj

     R/CR.RA/301/2023                                       ORDER DATED: 21/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 301 of 2023

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                         VISHNUDAN ISHWARDAN GADHVI
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR GAUTAM H GADHAVI(3656) for the Applicant(s) No. 1
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
MR PRANAV TRIVEDI, APP for the Respondent(s) No. 1
MR SHAILESH DESAI for the Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                   Date : 21/03/2023

                                    ORAL ORDER

1. RULE. Mr. Pranav Trivedi, learned APP waives service of Rule on behalf of the respondent - State and Mr. Shailesh Desai, learned advocate waives service of Rule on behalf of respondent no.2.

2. Challenge in this Revision Application is given to the judgment and order of conviction and sentence dated 12.8.2022 passed by the learned 3rd Additional Chief Judicial Magistrate, Panchmahals at Godhra in Criminal Case no.2141 of 2018, which was confirmed by the judgment and

R/CR.RA/301/2023 ORDER DATED: 21/03/2023

order dated 3.2.2023 passed by the learned Sessions Judge, Panchmahals at Godhra in Criminal Appeal no.47 of 2022.

3. Mr. Piyush Trivedi, learned advocate for the applicant-revisionist submitted that during the pendency of the proceedings, parties have settled the disputes amicably outside the Court and that there remains no grievance between them.

4. Mr. Shailesh Desai, learned advocate for respondent no.2 - original complainant has placed on record the affidavit of settlement filed by the respondent no.2- original complainant and stated that the proposed settlement amount, as agreed between the parties, has already been paid. The same is taken on record. Mr. Desai seeks permission to file Vakalatnama. Let Vakalatnama be accepted.

5. Today, Dhaneshwariben Pravinkumar Gadhvi-

respondent no.2 is present before this Court and she has affirmed the contents

R/CR.RA/301/2023 ORDER DATED: 21/03/2023

of the affidavit and is identified by learned advocate Mr. Shailesh Desai. She has further stated that total amount of Rs.13,50,000/- had to be recovered from the present applicant and by way of affidavit, she stated that the total amount has been received.

6. Section 147 of the Negotiable Instruments Act, 1881 represents compounding of offence, which has been laid down in the provisions made in the Special Act. Thus, the offence is considered as compounded since the amount due and recoverable from the applicant has been received.

7. In view of the settlement arrived at between the parties, the judgment and order of conviction and sentence dated 12.8.2022 passed by the learned 3rd Additional Chief Judicial Magistrate, Panchmahals at Godhra in Criminal Case no.2141 of 2018, which was confirmed by the judgment and order dated 3.2.2023 passed by the learned Sessions Judge,

R/CR.RA/301/2023 ORDER DATED: 21/03/2023

Panchmahals at Godhra in Criminal Appeal no.47 of 2022, are hereby quashed and set aside.

8. In view of the above, the Nazir of the concerned Court is directed to disburse the amount to the complainant on proper verification, deposited towards the appeal.

9. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(GITA GOPI,J) Maulik