Gujarat High Court
Ashwinbhai Vasantlal Mehta vs State Of Gujarat on 29 March, 2023
Bench: Gita Gopi
R/CR.RA/393/2023 ORDER DATED: 29/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 393 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 394 of 2023
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ASHWINBHAI VASANTLAL MEHTA
Versus
STATE OF GUJARAT
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Appearance:
MR P S DATTA(11324) 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 : 29/03/2023
COMMON ORAL ORDER
[1] Mr.Kushal Desai, learned advocate states
that he has instructions to appear for and on behalf
of original complainant in both the matters. He is
permitted to file his Vakaltnama.
[2] Heard learned advocates for the parties.
[3] Rule. Learned Additional Public Prosecutor
as well as learned advocate appearing for the
Complainants waive service of Rule on behalf of the
respective respondents.
R/CR.RA/393/2023 ORDER DATED: 29/03/2023
[4] In Criminal Revision Application No.393 of
2023, the revisionist - applicant challenges the
judgment of conviction and sentence dated 08.07.2019
th
passed by learned 9 Additional Chief Judicial
Magistrate, First Class, Rajkot in Criminal Case
No.230 of 2011, wherein under Section 138 of the
Negotiable Instrument Act, the applicant was
sentenced to undergo one year of simple
imprisonment with fine of cheque amount, and in
default, simple imprisonment for six months,
reaffirmed by judgment and order dated 09.03.2023
passed in Criminal Appeal No.204 of 2019 by learned
th
9 Additional Sessions Judge, Rajkot.
[5] In Criminal Revision Application No.394 of
2023, the revisionist - applicant challenges the
judgment of conviction and sentence dated 08.07.2019
th
passed by learned 9 Additional Chief Judicial
Magistrate, First Class, Rajkot in Criminal Case
No.231 of 2011, wherein under Section 138 of the
Negotiable Instrument Act, the applicant was
sentenced to undergo one year of simple
R/CR.RA/393/2023 ORDER DATED: 29/03/2023
imprisonment with fine of cheque amount, and in
default, simple imprisonment for six months,
reaffirmed by judgment and order dated 09.03.2023
passed in Criminal Appeal No.205 of 2019 by learned
th
9 Additional Sessions Judge, Rajkot.
[6] The power of attorney of the complainant,
who had conducted the matter, and who has power
to even settle the matter, and has also given a
consent for compounding the offence, is present before
the Court alongwith the accused, who has identified
by Advocate Mr.Desai.
6.1 The power of attorney of the complainant
has stated that total cheque amount has been
received by him, and under instructions of original
complainant, he has given consent for compounding
the offence.
6.2 Affidavit in that regard, has placed on
record. The copy of power of attorney has given for
perusal of the Court.
[7] Section 147 of the N.I.Act permits
compounding of the offences. Thus, keeping in view
R/CR.RA/393/2023 ORDER DATED: 29/03/2023
object of Act, and since the matter has been settled
between the parties and cheque amount has been
given to the complainant, the present applications are
allowed. Rule is made absolute.
[8] Accordingly, conviction and sentence dated
th
dated 08.07.2019 passed by learned 9 Additional
Chief Judicial Magistrate, First Class, Rajkot in
Criminal Case No.230 of 2011, reaffirmed by
judgment and order dated 09.03.2023 passed in
th
Criminal Appeal No.204 of 2019 by learned 9
Additional Sessions Judge, Rajkot, are quashed and
set aside.
The conviction and sentence dated 08.07.2019
th
passed by learned 9 Additional Chief Judicial
Magistrate, First Class, Rajkot in Criminal Case
No.231 of 2011, reaffirmed by judgment and order
dated 09.03.2023 passed in Criminal Appeal No.205
th
of 2019 by learned 9 Additional Sessions Judge,
Rajkot are quashed and set aside.
(GITA GOPI,J)
MANOJ
