Jadeja Mauliksinh Narendrasinh vs State Of Gujarat
2023 Latest Caselaw 6832 Guj

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    R/CR.RA/928/2023                          ORDER DATED: 15/09/2023

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 928 of 2023
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               JADEJA MAULIKSINH NARENDRASINH
                               Versus
                         STATE OF GUJARAT
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Appearance:
MR BK RAJ(3794) for the Applicant(s) No. 1
MR HARDIK C THAKKAR(7133) for the Respondent(s) No. 2
MR HARDIK MEHTA, ADDL.PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                         Date : 15/09/2023

                           ORAL ORDER

[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.

[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith since parties have settled the dispute as alleged offence is bailable and compoundable.

[3.0] By way of this application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing

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R/CR.RA/928/2023 ORDER DATED: 15/09/2023

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and setting aside the order dated 26.11.2019 passed by the learned 18th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.10891 of 2017, whereby the Trial Court has been pleased to convict the present applicant for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") and sentenced to undergo simple imprisonment for a period of three months with fine of Rs.2,50,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of 15 days. The said judgment and order is assailed by way of impugned Judgment and order of conviction and sentence dated 01.07.2023 passed by the learned 9th Additional Sessions Judge, Vadodara in Criminal Appeal No.355 of 2019. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the learned 9th Additional Sessions Judge.

Hence, this Revision Application is filed.

[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the Criminal Case as well as any further proceedings arising therefrom would create hardship to the applicant. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may

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exercise its powers conferred under Section 397 read with Section 401 of the Code and allow the application as prayed for.

[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.

[6.0] Learned advocate Mr. Hardik Thakkar for the respondent No.2 - original complainant has submitted that the dispute is amicably settled between the parties and hence, has requested to pass appropriate order.

[7.0] At the outset, learned advocates appearing for respective parties have jointly submitted that parties have settled the dispute and affidavit in that regard is produced on record at page 65 of the compilation and Memorandum of Understanding executed between the parties is produced at page 69 and perusing the same, it appears that applicant has paid the principal amount of Rs.2,00,000/- through cheque dated 05.08.2023 and also deposited Rs.50,000/- with the learned Sessions Court, Vadodara. Considering the aforesaid fact, as the dispute is amicably settled between the parties and as the offences alleged against the present applicant are bailable and compoundable and as the complainant has no objection if the conviction imposed against the applicant is set aside.

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[8.0] Considering the fact that as under Section 147 of the NI Act, offence is compoundable and permissible to settle the dispute at any stage, permission to settle the dispute is required to be allowed however, as the revisionist has settled the dispute at the level of High Court after the confirmation by the Appellate Court, considering the amount of cheque is Rs.1,90,000/- and awarded compensation amount is Rs.2,30,000/- and as the applicant has paid Rs.2,50,000/- (cheque of Rs.2 lakh and Rs.50,000/- in cash), the present Revisionist has no objection, if the said amount is paid to the complainant. Nazir of concerned Court is directed to pay the aforesaid amount to the complainant after due and proper verification to the complainant.

[9.0] Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application and considering the decision rendered in the 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.

[10.0] Resultantly, this application is allowed. The judgment and order dated dated 26.11.2019 passed by the learned 18th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.10891 of 2017 as well as impugned Judgment and order of sentence dated 01.07.2023 passed by the learned 9th Additional

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R/CR.RA/928/2023 ORDER DATED: 15/09/2023

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Sessions Judge, Vadodara in Criminal Appeal No.355 of 2019 stand quashed and set aside qua the applicant, subject to deposit of 10% of the amount of cheque before the Gujarat High Court Legal Services Committee within a period of 10 days from today.

[11.0] Rule is made absolute accordingly. Direct service is permitted.

(HASMUKH D. SUTHAR, J.)

Ajay