Gujarat High Court
Natvarlal Jivabhai Patel vs State Of Gujarat on 6 November, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/SCR.A/14532/2023 ORDER DATED: 06/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14532 of 2023
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NATVARLAL JIVABHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/11/2023
ORAL ORDER
Learned advocate Mr. V.K.Rana 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 01.09.2023, passed by the learned JMFC, Talod at
Sabarkantha in Criminal Case No.521 of 2022, by which the
petitioner has been convicted and ordered to undergo simple
imprisonment for a period of one year and to pay the amount of
NEUTRAL CITATION
R/SCR.A/14532/2023 ORDER DATED: 06/11/2023
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Rs.7,00,000/- 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
at between the parties and acquit the accused of the charges.
NEUTRAL CITATION
R/SCR.A/14532/2023 ORDER DATED: 06/11/2023
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[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 01.09.2023, passed by the learned JMFC, Talod at
Sabarkantha in Criminal Case No.521 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 amount of
Rs.52,500/- with the Gujarat State Legal Service Authority as
compounding charge within a period of one week from the date
of receipt of this order. Receipt of deposit of amount shall be
placed on record. Rule is made absolute to aforesaid extent.
Direct service permitted.
(J. C. DOSHI,J)
SATISH
