Madhavi Kuldeep Shinde vs State Of Gujarat
2023 Latest Caselaw 2700 Guj

     R/CR.RA/992/2022                            ORDER DATED: 31/03/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 992 of 2022

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                        MADHAVI KULDEEP SHINDE
                                 Versus
                           STATE OF GUJARAT
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Appearance:
MOHIT P PATHAK(7344) for the Applicant(s) No. 1
M M ANSARI(7710) for the Respondent(s) No. 2
MR VIRAL M PANDYA(5257) 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 : 31/03/2023

                              ORAL ORDER

1. By way of this application, the applicant -

revisionist challenges the judgment of conviction and

sentence dated 15.07.2019 passed by the learned 2 nd

Additional Chief Judicial Magistrate, Vadodara in

Criminal Case No.42278 of 2016, wherein under section

138 of the N.I. Act, the applicant was sentenced to

undergo one year of simple imprisonment and a sum of

Rs.2,02,712/- was ordered to pay to the complainant and

in default of payment of compensation, further to undergo

simple imprisonment of one month. The above sentence

R/CR.RA/992/2022 ORDER DATED: 31/03/2023

was challenged by way of an Appeal and the same was

confirmed on 08.09.2022 by the learned 8 th Additional

Sessions Judge, Vadodara in Criminal Appeal No.209 of

2019.

2. Today, the complainant - Sangeetaben

Chandrapuri Goswami is present before this Court and

identified by Advocate Mr. M.M. Ansari. The complainant

states that she has settled with the applicant-accused

lady, and Rs.40,434/- is deposited before the appellate

Court, which she is entitled to received and today she has

received Demand Draft of Rs.1,62,258/-. She states that

she does not want to pursue with the matter and the

offence against the applicant may be compounded.

3. Learned Additional Public Prosecutor prayed

that no discretion may be exercised in favour of the

applicant.

4. Section 147 of the N.I. Act is for compounding

of offence, which is special provision in the Act.

R/CR.RA/992/2022 ORDER DATED: 31/03/2023

Considering the object behind the provision, the offence

is permitted to be compounded.

5. Hence, the sentence imposed upon the

applicant - revisionist vide judgment of conviction and

sentence dated 15.07.2019 by the learned 2 nd Additional

Chief Judicial Magistrate, Vadodara in Criminal Case

No.42278 of 2016, and the judgment dated 08.09.2022

passed by the learned 8th Additional Sessions Judge,

Vadodara in Criminal Appeal No.209 of 2019, are

quashed and set aside.

6. The amount of Rs.40,434/-, as deposited before

the appellate Court be given to the complainant on

proper verification of identity.

7. The application stands disposed of. Rule is

made absolute.

(GITA GOPI,J) Pankaj