Gujarat High Court
Nishitbhai Laxmanbhai Vaghela vs State Of Gujarat on 18 October, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/SCR.A/13707/2023 ORDER DATED: 18/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13707 of 2023
==========================================================
NISHITBHAI LAXMANBHAI VAGHELA
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR YOGESH G KANADE(3114) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 18/10/2023
ORAL ORDER
Learned advocate Mr. Raja Ram Bajpai 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 31.05.2023, passed by the learned Additional Chief
Judicial Magistrate, Gandhinagar in Criminal Case No.1858 of
2020, by which the petitioner has been convicted and ordered to
undergo simple imprisonment for a period of two years and to
NEUTRAL CITATION
R/SCR.A/13707/2023 ORDER DATED: 18/10/2023
undefined
pay the amount of Rs.3,51,000/- 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
three months.
[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/13707/2023 ORDER DATED: 18/10/2023
undefined
[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 31.05.2023, passed by the learned Additional Chief
Judicial Magistrate, Gandhinagar in Criminal Case No.1858 of
2020 is 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
Rs.52,000/- of the cheque amount with the District Legal
Services Authority, Gandhinagar within a period of one week
from the date of receipt of this order. Receipt of deposit of
amount shall be produced on record. Rule is made absolute to
aforesaid extent. Direct service permitted.
(J. C. DOSHI,J)
SATISH
