Gujarat High Court
Manojbhai Chaganbhai Patel vs State Of Gujarat on 9 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/987/2023 ORDER DATED: 09/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 987 of 2023
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MANOJBHAI CHAGANBHAI PATEL
Versus
STATE OF GUJARAT
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Appearance:
MS MEENA VYAS(3315) for the Applicant(s) No. 1
MR.AMIT R JOSHI(6682) for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 09/10/2023
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the complainant waive service
of Rule on behalf of the respective respondents.
2. Considering the issue involved in the present application
and with consent of the learned advocates appearing for the
respective parties as well as considering the fact that the
dispute amongst the applicant and respondent No.2 has been
resolved amicably, this application is taken up for final
disposal forthwith since parties have settled the dispute as
alleged offence is bailable and compoundable.
3. By way of this application under Section 397 read with
Section 401 of the Code of Criminal Procedure, 1973
(hereinafter referred to as "the Code"), the applicant original
accused has prayed for quashing and setting aside of the
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R/CR.RA/987/2023 ORDER DATED: 09/10/2023
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order dated 26/09/2022 passed by learned 2 nd Additional Chief
Judicial Magistrate, Surat in Criminal Case No.55154 of 2018
whereby the learned trial court has pleased to pass an order
of conviction and imposed sentence of simple imprisonment of
one year and ordered to pay compensation of Rs.5,80,000/-
within a period of sixty days and in default to undergo further
two months simple imprisonment. Further prayer is also
made in the present revision application for quashing of order
dated 17/04/2023 passed by learned 14 th Additional Sessions
Judge, Surat in Criminal Appeal No.606 of 2022 confirming
the order of conviction dated 26/09/2022 passed by learned
2nd Additional Chief Judicial Magistrate, Surat in Criminal
Case No.55154 of 2018.
4. Learned advocate for the applicant submits that the
Criminal Case No.55154 of 2018 was filed by original
complainant under Section 138 of the Negotiable Instruments
Act for Cheque No.257725 drawn on State Bank of Indian,
Olpad Branch, Surat dated 23/08/2018 for the amount of
Rs.,5,80,000/-. After completion of trial, the learned 2 nd
Additional Chief Judicial, Surat was pleased to impose
sentence upon the applicant to the extent of one year simple
imprisonment for the offence punishable under Section 138 of
the Negotiable Instrument Act and also directed the applicant
to pay Rs.5,80,000/- as compensation to the complainant and
in default to undergo further simple imprisonment of two
months. Being aggrieved by the aforesaid order, the applicant
original accused has filed Criminal Appeal No.606 of 2022
before the 14th Additional Sessions Judge, Surat but the same
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R/CR.RA/987/2023 ORDER DATED: 09/10/2023
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came to be rejected and the judgment and order of conviction
and sentence dated 26/09/2022 passed by learned 2 nd
Additional Chief Judicial Magistrate, Surat in Criminal Case
No.55154 of 2018 was confirmed by the 14 th Additional
Sessions Judge, Surat by order dated 17/04/2023.
4.1. Being aggrieved by the both the aforesaid orders, the
applicant original accused has filed present criminal revision
application mainly contending that the judgment and order of
conviction and sentence passed by the both the courts below
is contrary to the evidence on record and in fact the applicant
original accused has paid up the entire amount to respondent
no.2 bank during the appeal proceedings and as the matter is
compromised between the parties, aforesaid both the
judgment and order be quashed and set aside.
5. Learned advocate for the applicant original accused has
produced relevant documentary evidence being list of the
amount to be paid by the accused to the complainant at
Annexure - C and has submitted that the bank has also issued
necessary receipts for the same. As far as amount of
Rs.5,80,500/- is concerned, the amount of Rs.1,16,000/- is
deposited on 17/12/2022 vide receipt no.5508520 before the
Nazir of the District Court, Surat and as per the terms agreed
upon by the parties, the remaining amount of Rs.4,64,500/-
has been deposited with the bank on different dates and the
entire amount has been paid by 04/05/2023.
6. Learned advocate for the applicant has taken this Court
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R/CR.RA/987/2023 ORDER DATED: 09/10/2023
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through the factual matrix arising out of the present
application. At the outset, it is submitted that the parties
have amicably resolved the issue and therefore, any further
continuance of the proceedings pursuant to the Criminal Case
as well as any further proceedings arising therefrom would
create hardship to the applicant and would amount to abuse
of process of law. It is therefore submitted that this Court may
exercise its powers conferred under Section 397 read with
Section 401 of the Code and allow the application as prayed
for.
7. Learned Additional Public Prosecutor appearing for the
State has opposed the present application and submitted that
considering the seriousness of the offence, the complaint in
question may not be quashed and the present application may
be rejected.
8. Mr. Amit R. Joshi, learned advocate for the respondent
No.2 original complainant has submitted that the original
complainant is District Manager of the Gujarat State Co-
operative Agriculture and Rural Bank Development Ltd., Surat
Branch and has filed the affidavit which is taken on record.
He has submitted that the settlement has been arrived at
between the parties and out of the amount of Rs.5,80,000/-, an
amount of Rs.4,64,000/- has already been received by the
respondent bank and the amount of Rs.1,16,000/- which is
deposited before the Nazir be ordered to be paid to the
respondent bank. He has no objection if the judgment and
order of conviction is set aside.
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8.1. Learned advocate for respondent No.2 has reiterated the
contentions raised by the learned advocate for the applicant.
The learned advocate for respondent No.2 also relied upon
the affidavit filed on behalf of respondent no.2. On inquiry
made by the Court, learned advocate for respondent No.2 has
declared before this Court that the dispute between the
applicant and the respondent No.2 is resolved as the amount
is already paid by the applicant and therefore, now the
grievance stands redressed.
9. It is also reported that the applicant has surrendered
before the jail and is in jail since long.
10. Considering the fact that as under Section 147 of the
Negotiable Act, offence is compoundable and permissible to
settle the dispute at any stage, permission to settle the
dispute is required to be allowed. However, the revisionist
has settled the dispute at the level of this Court after the
confirmation by the appellate court, the present application
may be allowed.
11. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application and considering the
decision rendered 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
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unnecessary harassment to the applicant.
12. Resultantly, the present application is allowed. The
order dated 26/09/2022 passed by learned 2 nd Additional Chief
Judicial Magistrate, Surat in Criminal Case No.55154 of 2018
as well as order dated 17/04/2023 passed in Criminal Appeal
No.606 of 2022 by learned 14 th Additional Sessions Judge,
Surat confirming the order dated 26/09/2022 passed by
learned 2nd Additional Chief Judicial Magistrate, Surat in
Criminal Case No.55154 of 2018 stand quashed and set aside
qua the applicant, subject to the applicant deposits 10% of the
amount of cheque before the Gujarat High Court Legal
Services Committee within a period of 10 days.
13. On compliance of the said order, the applicant shall be
released, if his presence is no longer required in any other
criminal offence.
14. The amount of Rs.1,16,000/- deposited before the Nazir
of District Court, Surat be paid to the respondent bank by
NEFT or RTGS after due verification.
15. The present application is allowed qua present applicant.
Rule is made absolute.
Direct service is permitted.
(S. V. PINTO,J)
ILA
