Rajat Vinayals Pvt. Ltd Thro ... vs State Of Gujarat
2023 Latest Caselaw 6789 Guj

                                                                                                  NEUTRAL CITATION




      R/SCR.A/174/2020                                              ORDER DATED: 14/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CRIMINAL APPLICATION NO. 174 of 2020

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RAJAT VINAYALS PVT. LTD THRO RANCHHODBHAI SIDIBHAI VAISHNAV
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR. RA SHARMA(3591) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                    Date : 14/09/2023

                                     ORAL ORDER

1. This petition is filed under Article 226 of the

Constitution of India read with Section 482 of the Code of

Criminal Procedure, with the following prayers:

"7(a) Your Lordships may be pleased to admit and allow this petition.

(b) Your Lordship may be pleased to issue a writ of mandamus and/or any other writ, order or direction quashing and setting aside the order dated 09.03.2019 passed below application, Exh.1 by the Learned Additional Chief Judicial Magistrate, Dhoraji in Criminal Case No.84 of 2018 and further be pleased to direct the Learned Additional Chief Judicial Magistrate, Dhoraji to proceed with the trial of Criminal Case No.84 of 2018 in accordance with

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R/SCR.A/174/2020 ORDER DATED: 14/09/2023

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law.

(C) Pending admission, hearing and final disposal of this petition, Your Lordship may be pleased to stay implementation, operation and execution of the order dated 09.03.2019 passed by the Learned Additional Chief Judicial Magistrate, Dhoraji in Criminal Case No.84 of 2018. (D) xxxxx"

2. Heard learned advocate Mr.Sharma for the

applicant and learned APP Mr.Dave for the respondent no.1.

3. Learned advocate Mr.Sharma for the petitioner has

drawn my attention to the aspect that after issuance of

warrant, all of a sudden, the accused remained present in

the Lok Adalat and shown his willingness to settle the

dispute and, therefore, the order passed by the learned

Court below in Lok Adalat below Exh.1 on 9.3.2019 is illegal,

improper and required to be set aside and the matter is

required to be remanded back for fresh consideration. He,

therefore, prays to allow this petition.

4. Per contra, learned APP has submitted that the trial Court has passed the order after considering the

provisions of law and there is no error committed by the

learned trial Court and therefore, he prayed to dismiss this

petition as no interference is called for.

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5. I have considered the rival submissions made at

the bar and also perused the material on record. It

transpires that the complaint is filed on 23.1.2018 for the

default of cheque of Rs.1 lacs. Thereafter, in the Lok Adalat,

the amount of Rs.1 lac is paid by the accused, Rs.3500/- is

paid towards penalty and Rs.11,500/- is paid towards interest

@ 9% p.a. and the amount is received by the complainant.

6. Thereafter, this petition is filed which is pending

since 2020, without issuance of notice and today, the matter

is considered for final adjudication at the admission stage.

7. I do not find any merit in the submission made

by learned advocate for the petitioner that after issuance of

warrant, the accused cannot approach the Court by praying

to deposit the amount of the cheque and to settle the

dispute. Considering the fact that the matter is now already

settled by order passed in the year 2019 and the amount is

already paid to the complainant and prima facie, on bare

perusal of the order, the Court has recorded all the relevant

aspects of the matter.

8. In view of the above and in view of the judgment

of the Hon'ble Apex Court in the case of Damodar S. Prabhu

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Vs. Sayed babalal H. reported in (2010) 5 SCC 663, I am of the opinion that the learned trial Court has not committed

any error in passing the impugned order.

9. This petition is dismissed at the admission stage

as it is devoid of merits.

(SANDEEP N. BHATT,J) SRILATHA