Gujarat High Court
Nalin Laxmichand Shah vs Laxmanbhai Galbabhai Atos on 16 October, 2023
Bench: S.V. Pinto
NEUTRAL CITATION
R/CR.RA/1300/2023 ORDER DATED: 16/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1300 of 2023
(AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT)
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NALIN LAXMICHAND SHAH
Versus
LAXMANBHAI GALBABHAI ATOS
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Appearance:
MR CHIRAG PAREKH, ADVOCATE for MR JAGDHISH SATAPARA(5524) for the
Applicant(s) No. 1
MR TUSHAR CHAUDHARY, ADVOCATE FOR for the Respondent(s) No. 1
MS JIRGA JHAVERI, APP 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.Tushar Chaudhary states that he has
instruction to appear for the respondent No.1 - original
complainant and therefore, he may be permitted to file his
appearance. Accordingly, he is permitted to file his
appearance for the respondent No.1.
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
respective parties, the matter is taken up for final hearing as
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R/CR.RA/1300/2023 ORDER DATED: 16/10/2023
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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. Tushar Chaudhary
waives service of notice of Rule for the respondent No. 1.
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 09.11.2022 passed by
the learned Sessions Judge, District Banaskantha at Palanpur
in Criminal Appeal No. 74 of 2022, whereby, the learned
Sessions Judge has confirmed the judgment and order dated
16.05.2022 passed by the learned Additional Chief Judicial
Magistrate, Palanpur in Criminal Case No. 2129 of 2018,
whereby, the learned Additional Chief Judicial Magistrate,
Palanpur 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.15,00,000/- to
the complainant within a period of 60 days from the date of
the order and in default, six months simple imprisonment.
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R/CR.RA/1300/2023 ORDER DATED: 16/10/2023
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6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Palanpur, the present applicant filed Criminal Appeal before
the learned Sessions Judge, Banaskantha at Palanpur. The
learned Sessions Judge, Palanpur has confirmed the judgment
and order passed by learned Additional Chief Judicial
Magistrate, Palanpur and rejected the appeal. Hence, the
applicant filed the present criminal revision application.
7. Learned advocate Mr.Chirag Parekh for learned advocate Mr.
Jagdish Satapara for the applicant submits that earlier, the
applicant has deposited Rs.3,00,000/- before the learned
Trial Court and is still with the learned Trial Court. That the
applicant has paid remaining amount to the complainant as
per the settlement arrived at between the parties. He states
that judgment and orders passed by the both the learned
Courts below may be quashed and set aside and the learned
Trial Court may be directed to pay the amount to the
complainant deposited by the applicant. The complainant has
stated in the affidavit that the remaining amount has been
paid by the applicant and he has no objection, if the
applicant is released on bail and the orders passed by both
the learned Courts below are quashed and set aside.
9. Learned advocate Mr.Tushar Chaudhary for the original
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complainant submits that the matter is amicably settled
between the parties. 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 learned Trial Court may be directed to
transfer Rs.3,00,000/- deposited by the applicant to the
complainant.
10. 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.
11. 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
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R/CR.RA/1300/2023 ORDER DATED: 16/10/2023
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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.
12. 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.
13. Resultantly, this application is allowed. The judgment and
order dated 16.05.2022 passed by the learned Additional
Chief Judicial Magistrate, Palanpur in Criminal Case
No.2129 of 2018 as well as impugned judgment and order
dated 09.11.2022 passed by the learned Sessions Judge,
District Banaskanth at Palanpur in Criminal Appeal No. 74 of
2022 are hereby quashed and set aside subject to deposit of
10% of the amount of cheque by the applicant before the
Gujarat High Court Legal Services Committee.
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R/CR.RA/1300/2023 ORDER DATED: 16/10/2023
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14. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required in
any other criminal offence.
15. The concerned Court where the amount of Rs.3,00,000/- is
deposited by the applicant - accused is directed to disburse
the amount in favour of the respondent No. 1 - original
complainant by NEFT / RTGS after due verification.
16. The present application is allowed. Rule is made absolute.
Direct service is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
