Gujarat High Court
Mahendrasinh Vajesinh Gadhvi vs State Of Gujarat on 16 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/153/2023 ORDER DATED: 16/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 153
of 2023
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MAHENDRASINH VAJESINH GADHVI
Versus
STATE OF GUJARAT
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Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 16/10/2023
ORAL ORDER
1. Learned advocate Mr. Pravin Gadhavi states that he has
instructions 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 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 litigation further and
the respondent No. 2 - original complainant has filed an affidavit in
this regard and the same is taken on record.
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.
NEUTRAL CITATION
R/CR.RA/153/2023 ORDER DATED: 16/10/2023
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4. 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 01.07.2022 passed by the learned 3 rd Additional
Chief Judicial Magistrate, Godhara in Criminal Appeal No. 2142 of
2018, whereby, the learned Additional Chief Judicial Magistrate,
Godhra has sentenced the applicant - original accused two years
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.20,00,000/- to the complainant
within a period of two months day from the pronouncement of the
judgment.
5. Being aggrieved and dissatisfied by the judgment and order
passed by the learned 3 rd Additional Chief Judicial Magistrate,
Godhara , the present applicant filed Criminal Appeal No. 42 of
2022 before the learned Sessions Judge, Godhra. The learned
Sessions Judge, Godhra vide order 18 th August, 2022 below Exh:1
issued notice to the other side below Exh; 4 in Criminal Appeal No.
42 and the learned Sessions Judge, Godhra, vide order dated 22 nd
August, 2022 partly allowed the application preferred by the
applicant under Section 389 of the Cr.P.C. suspension of
sentence. The substantive sentence passed by the learned 3 rd
Additional Chief Judicial Magistrate, Godhra dated 22 nd July, 2022
in Criminal Case No. 2142 of 2018 was kept in abeyance till further
order and the accused-applicant was directed to deposit a sum of
Rs.5,00,000/- being 25% of the amount of compensation ordered
by the learned Sessions Court within one month from the date of
NEUTRAL CITATION
R/CR.RA/153/2023 ORDER DATED: 16/10/2023
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passing of the order. The applicant-accused has deposited an
amount of Rs.5,00,000/- as directed by the learned Sessions
Judge, Godhra. Thereafter, the learned Sessions Judge, Godhra
rejected the appeal of the applicant-accused on 03 rd February,
2023 in Criminal Appeal confirming the judgment and order of
conviction recorded by learned 3rd Additional Chief Judicial
Magistrate, Godhra passed in Criminal Case No. 2142 of 2022.
6. Learned advocate Mr.Mangukiya for the applicant and
learned advocate Mr. Pravin Gadhavi appearing for original
complainant submits that the matter is amicably settled between
the parties. The complainant was personally present on 13 th
October, 2023 and had stated that the matter is settled and
requested for some time to file the affidavit and engage lawyer and
the affidavit is taken on record. Learned advocate for the
complainant submits that the complainant has no objection, if the
conviction recorded by the learned Trial Court as well as Appellate
Court is set aside as the amount of cheque has already handed
over by the applicant to the complainant.
7. Considering the fact that as under Section 147 of the
Negotiable Instrument Act, the offence is compoundable and it is
permissible to settle the dispute at any stage and 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.
NEUTRAL CITATION
R/CR.RA/153/2023 ORDER DATED: 16/10/2023
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8. This Court has 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.
9. 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.
10. Resultantly, this application is allowed. The judgment and
order dated 22.07.2022 passed by 3 rd learned Additional Chief
Judicial Magistrate, Godhra in Criminal Case No. 2142 of 2018 as
well as impugned judgment and order dated 03.02.2023 passed by
the learned Sessions Judge, Godhra in Criminal Appeal No. 42 of
2022 are hereby quashed and set aside subject to deposit 15% of
the amount of cheque before the Gujarat High Court Legal
Services Committee within a period of a ten days.
11. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO,J)
VVM
