Gujarat High Court
Mahendrabhai Baldevbhai Solanki vs State Of Gujarat on 2 November, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/SCR.A/14153/2023 ORDER DATED: 02/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14153 of 2023
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MAHENDRABHAI BALDEVBHAI SOLANKI
Versus
STATE OF GUJARAT
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Appearance:
KARAN Y VYAS(8539) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAISWAL, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 02/11/2023
ORAL ORDER
Learned advocate Mr. HR Thakore states that he has
instructions to appear on behalf of the original complainant, and
thereby, seeks permission to file his Vakalatnama, which is
granted. The original complainant is present in the Court and is
identified by his learned advocate.
[1] Rule. Learned advocates waives service of rule for the
respective respondents.
[2] By this application under Article 227 of the Constitution of
India, read with Section 482 of the Code of Criminal Procedure,
the petitioner has sought quashing of the judgment and order
dated 23.12.2022, passed by the learned 3rd Addl. CJM,
Gandhinagar, in Criminal Case No. 1298 of 2022, by which the
petitioner has been convicted and ordered to undergo simple
NEUTRAL CITATION
R/SCR.A/14153/2023 ORDER DATED: 02/11/2023
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imprisonment for a period of 18 months and to pay the amount
of Rs.3,00,000/- towards compensation to the complainant and
in default of payment of the said amount, the petitioner to
undergo further simple imprisonment for a period of six months
and as the petitioner was not present when the judgment was
pronounced, the learned Magistrate issued Non-bailable warrant
under Section 70 of the Cr.P.C. against the petitioner.
[3] It appears that the settlement has been arrived at between
the complainant and present petitioner and the entire cheque
amount has been paid to the respondent complainant, which
has been confirmed by the complainant by detailed affidavit,
which is produced on record separately, the same is taken on
record. The complainant do not wish to proceed further and is
willing to compound the offence. Accordingly, the petitioner by
filing this petition, seeks compounding of the offence under
Section 147 of the Negotiable Instruments Act.
[4] The petitioner also submits that the petitioner is willing to
deposit costs as directed by the Supreme Court in case of
Damodar S. Prabhu Vs. Sayed Babalal H., reported in (2010) 5
SCC 633, with the Legal Service Authority.
[5] In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur
Hardisingh Lohana, reported in (2004) 2 GLH 544, the
Coordinate Bench of this Court after considering various
decisions of the Apex Court, took a view that it would be
permissible for the High Court in exercise of its inherent powers
under Section 482 of the Code, to record the settlement arrived
NEUTRAL CITATION
R/SCR.A/14153/2023 ORDER DATED: 02/11/2023
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at between the parties and acquit the accused of the charges.
[6] Thus, taking into account the fact of settlement, the
compounding of the offence is hereby permitted.
[7] As a result, the petition is allowed. The judgment and order
dated 23.12.2022, passed by the learned 3rd Addl. CJM,
Gandhinagar, in Criminal Case No. 1298 of 2022, and warrant
issued by it are hereby quashed and set aside. The petitioner is
acquitted of the offences under the provisions of the Negotiable
Instruments Act. The petitioner is directed to deposit
Rs.41,250/- being equal to 15% of the cheque amount with the
DLSA, Gandhinagar as compounding charges within a period of
one week from the date of receipt of this order. Rule is made
absolute to aforesaid extent. Direct service permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
