Gujarat High Court
Bhaveshbhai Rasikbhai Patel Thro ... vs State Of Gujarat on 2 November, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/1380/2023 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1380 of 2023
(AGAINST CONVICTION)
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BHAVESHBHAI RASIKBHAI PATEL THRO PATEL ARCHANA BHAVESH
Versus
STATE OF GUJARAT
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Appearance:
MR CHAITANYA J PATEL(9995) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 02/11/2023
ORAL ORDER
1. Learned advocate Mr. S.K.Kabra states that he has instruction
to appear for the respondent No. 2 - original complainant,
and therefore, he may be permitted to file his appearance.
Accordingly, he is permitted to file his appearance.
2. At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled and now, the
original complainant does not want to pursue for the further
litigation as complainant since as per the affidavit filed by the
original complainant, he has received the full amount of
settlement from the wife and relatives of the applicant and he
is satisfied with the resolution of the matter. The complainant
has filed the affidavit in this regard and the same is taken on
record.
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R/CR.RA/1380/2023 ORDER DATED: 02/11/2023
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3. With consent of the learned advocates appearing for the
respective parties, the matter is taken up for final hearing as
the matter is amicably settled between the parties and the
offence is bailable and compoundable and nothing survives
in the matter.
4. Rule. Learned APP Mr. Tirtharaj Pandya waives service of
notice of rule for the respondent - State and Mr. S.K.Kabra
waives service of notice of Rule for the respondent No. 2.
5. By way of present revision application filed u/s. 397 read
with 401 of the Code of Criminal Procedure, the applicant
has prayed for quashing and setting aside the impugned
judgment and order dated 21.10.2023 passed by the learned
Sessions Judge, Patan in Criminal Appeal No. 17 of 2019,
whereby, the learned Sessions Judge has confirmed the
judgment and order dated 18.03.2019 passed by the learned
Judicial Magistrate, First Class, Harij in Criminal Case No.
441 of 2017, whereby, the learned Judicial Magistrate, First
Class, Harij has sentenced the applicant - original accused
one year simple imprisonment for the offence punishable
under Section 138 of the Negotiable Instrument Act and has
also ordered the applicant to pay an amount Rs.50,00,000/-
to the complainant and in default, three months simple
imprisonment.
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6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Rajkot, the present applicant filed Criminal Appeal before the
learned Sessions Judge, Patan. The learned Sessions Judge,
Patan has confirmed the judgment and order passed by
learned Judicial Magistrate First Class, Harij and rejected the
appeal. Hence, the applicant filed the present criminal
revision application.
7. Learned advocate Mr.C.J.Patel for the applicant submits that
the matter is amicably settled between the parties and the
applicant has deposited 20% amount of of the cheque before
the concerned Court below and therefore, the present
application may be allowed and the order of conviction and
sentence imposed by the learned Judicial Magistrate First
Class, Harij and confirmed by the learned Sessions Judge,
Patan may be quashed and set aside.
8. Learned advocate Mr.S.K.Kabra for the original complainant
submits that the matter is amicably settled between the
parties and he produced a notarized copy of affidavit filed by
the original complainant. He submits that the complainant
has no objection, if the conviction recorded by the learned
Trial Court as well as Appellate Court is quashed and set
aside. He further submits that the complainant has received
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R/CR.RA/1380/2023 ORDER DATED: 02/11/2023
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the agreed upon amount in full and he is satisfied with the
resolution of the matter.
9. Learned advocate Mr. Kabra for the original complainant has
stated that the complainant is present in the Court. On being
inquired, the complainant, who is present in the Court, has
stated that the matter is amicably settled and he has received
full amount of settlement from the wife and relatives of the
applicant and therefore, he has no objection, if the matter is
quashed and set aside.
10. Considering the fact that as under Section 147 of the
Negotiable Instrument Act, the offence is compoundable and
permissible to settle the dispute at any stage and therefore,
permission to settle the dispute is required to be allowed. It is
pertinent to note that the applicant has settled the dispute at
the level of High Court after the confirmation by the
appellate Court and therefore, the present application
requires consideration.
11. The learned advocates for the respective parties have jointly
submitted that the matter is settled between the parties and
the original complainant does not want to pursue further
litigation. The original complainant has filed the affidavit and
has admitted the contents of the affidavit. The complainant
has remained present before this Court and has stated that he
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R/CR.RA/1380/2023 ORDER DATED: 02/11/2023
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has no objection, if the conviction recorded by the learned
Trial Court as well as Appellate Court is set aside. I have also
considered the facts and circumstances arising out of the
present application as also the decision passed in case of
Damodar S. Prabhu Vs. Sayed Babalal H reported in 2010(5)
SCC 663. It appears that further continuation of criminal
proceedings in relation to the impugned proceeding against
the applicant would be unnecessary harassment to the
applicant.
12. Considering the nature of dispute between the parties which
is private in nature, the matter requires consideration and it
appears that the trial would be futile and further continuance
of the proceedings would amount to abuse of process of law
and hence, to secure the ends of justice, the order is required
to be quashed and set aside in exercise of powers conferred
upon this Court.
13. Resultantly, this application is allowed. The judgment and
order dated 18.03.2019 passed by the learned Judicial
Magistrate, First Class, Harij in Criminal Case No. 441 of
2017 and confirmed by judgment and order dated
21.10.2023 passed by the learned Sessions Judge, Patan in
Criminal Appeal No. 17 of 2019 are hereby quashed and set
aside subject to deposit 15% of the amount of cheque before
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the Gujarat High Court Legal Services Committee within a
period of four weeks from the date of his release.
14. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required in
any other criminal offence.
15. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
