Gujarat High Court
Mahmad Irfan Habibbhai Suthar vs State Of Gujarat on 9 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/1210/2022 ORDER DATED: 09/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1210 of 2022
(AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT)
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MAHMAD IRFAN HABIBBHAI SUTHAR
Versus
STATE OF GUJARAT
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Appearance:
MR SS SAIYED(3690) for the Applicant(s) No. 1
MR CR MISHRA(3474) 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. Learned advocate Mr.M.S.Bhadki states that now, he has
instruction to appear for the respondent No.2 - original
complainant and he is replacing learned advocate
Mr.C.R.Mishra, who was earlier appearing for the
respondent No.2, and therefore, he may be permitted to file
his appearance. Accordingly, he is permitted to file his
appearance for the respondent No.2.
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 and the complainant has filed the
affidavit in this regard and the same is taken on record.
3. With consent of the learned advocates appearing for the
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R/CR.RA/1210/2022 ORDER DATED: 09/10/2023
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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 Ms. Jirga Jhaveri waives service of notice
of rule for the respondent - State and Mr. M.S.Bhadki waives
service of notice of Rule for the respondent No. 2.
5. By way of present revision application filed under Section
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 12.10.2022 passed by
the learned Sessions Judge, District Arvalli at Modasa in
Criminal Appeal No. 55 of 2015, whereby, the learned
Sessions Judge has confirmed the judgment and order dated
06.08.2015 passed by the learned Additional Chief Judicial
Magistrate, Modasa in Criminal Case No. 655 of 2013,
whereby, the learned Additional Chief Judicial Magistrate,
Modasa 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 of Rs.1,50,000/- to
the complainant within a period of 15 day from the date of
the order.
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R/CR.RA/1210/2022 ORDER DATED: 09/10/2023
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6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Modasa, the present applicant filed Criminal Appeal No. 55
of 2015 before the learned Additional Sessions Judge,
Modasa. The learned Additional Sessions Judge, Modasa, vide
order dated 12.10.2022, confirmed the judgment and order
passed by learned Additional Chief Judicial Magistrate,
Modasa and rejected the appeal. Hence, the applicant filed
the present criminal revision application.
7. Learned advocate Mr. S.S.Saiyed for the applicant submits
that as the applicant had shown readiness and willingness to
deposit the amount but, the said amount could not be
deposited to the original complainant and hence, he was
taken into custody.
8. Learned advocate Mr. Saiyed for the applicant submits that
an amount of Rs.35,000/- has been deposited before the
Registry of this Court and now, the matter is amicably settled
between the parties and the remaining amount has been paid
to the original complainant.
9. Learned advocate Mr.M.S.Bhadki for the original
complainant submits that the matter is amicably settled
between the parties. He submits that the complainant is
present in the Court and he has identified the complainant in
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the Court. He submits that the complainant has no objection,
if the conviction recorded by the learned Trial Court as well
as Appellate Court is set aside. He further submits that the
amount of Rs.35,000/- submitted by the applicant may be
transferred to the complainant.
10. On being inquired, the complainant, who is present in the
court, has submitted that the matter is amicably settled and
the amount of cheque has already been handed over to him
and he has no objection, if the impugned orders passed by
the learned Courts below be quashed and set aside. The above
statement made by the original complainant is reflected in
Para-2 of the affidavit filed by the complainant.
11. 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. Further, the applicant has deposited
an amount of Rs.35,000/- before the Registry of this Court in
Criminal Revision Application No.1210 of 2022 vide Receipt
C.No.871/2022-23.
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R/CR.RA/1210/2022 ORDER DATED: 09/10/2023
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12. 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
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.
13. Considering the nature of dispute between the parties which
is private in nature, the matter requires consideration and it
appears that the proceedings 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.
14. Resultantly, this application is allowed. The judgment and
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order dated 06.08.2015 passed by the learned Additional
Chief Judicial Magistrate, Modasa in Criminal Case No.655
of 2013 as well as impugned judgment and order dated
12.10.2022 passed by the learned Additional Sessions Judge,
District Arvalli at Modasa in Criminal Appeal No. 55 of 2015
are hereby quashed and set aside subject to deposit 10% of
the amount of cheque before the Gujarat High Court Legal
Services Committee within a period of 10 days.
15. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required in
any other criminal offence.
16. The Registry is directed to transfer Rs.35,000/- along with
interest accrued thereon to the complainant, after proper
verification.
17. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
