Solanki Ramtusinh Dhulsinh vs State Of Gujarat
2023 Latest Caselaw 3955 Guj

      R/CR.RA/546/2023                       ORDER DATED: 04/05/2023




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION NO. 546 of 2023

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              SOLANKI RAMTUSINH DHULSINH
                            Versus
                     STATE OF GUJARAT
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Appearance:
MR.DARSHAN A. DAVE(7921) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                         Date : 04/05/2023

                           ORAL ORDER

1. Learned advocate Mr. Hardik Raval has instructions to

appear on behalf of the respondent No. 2 - Bank. He shall file

his Vakalatnama forthwith, if yet filed.

2. Challenge in this revision application at the instance of

the applicant - accused is given to the concurrent findings of

the learned Courts below of conviction and sentence for the

offence punishable under Section 138 of the Negotiable

Instruments Act, 1881 (NI Act).

R/CR.RA/546/2023 ORDER DATED: 04/05/2023

3. Rule. Learned advocates for the respective respondents

waive service.

4. Learned advocate Mr. Darshan Dave for the applicant

states that total cheque amount has been paid to the

complainant Bank and the complainant Bank has issued No

Any Loan Due certificate. Learned advocate Mr. Raval for the

respondent No. 2 - Bank stated that the Branch Manager of the

respondent No. 2 - Bank is present before the Court along with

an Affidavit and has affirmed the fact that dispute has been

resolved and above Certificate is issued on 28.04.2023 and

that, they are not desirous of proceeding further in the matter.

The affidavit is taken on record.

5. Since, the total cheque amount has been received by the

complainant and the complainant has given consent for

compounding the offence, keeping in mind the object of

Section 147 of the NI Act, which is an enabling provision which

provides for compounding the offence and may require the

consent of the aggrieved for compounding the offence,

however, the specific provision under Section 147, inserted by

way of amendment towards special law, would give overriding

R/CR.RA/546/2023 ORDER DATED: 04/05/2023

effect to sub-section (1) of Section 320 Criminal Procedure

Code, 1973 (CrPC) as has been observed in the case of

Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC

1907. Accordingly, as the dispute has been resolved and the

total cheque amount has been paid to the complainant, in

consonance with the object of the NI Act and the provisions

under Section 147 thereof, the matter is considered as

compounded.

6. In aforesaid view of the matter, the judgment and order

passed by the learned trial Court of conviction and sentence

for the offence punishable under Section 138 of the NI Act, as

affirmed by the learned appellate Court, are quashed and set

aside. The applicant stands acquitted. The present revision

application is allowed in the above terms. Rule is made

absolute accordingly.

6.1     Direct service is permitted.



                                                [ Gita Gopi, J. ]
hiren
/PC-1