Ayushdeep Realty Pvt. Ltd vs State Of Gujarat
2023 Latest Caselaw 6833 Guj

                                                                                               NEUTRAL CITATION




     R/CR.RA/778/2021                                         ORDER DATED: 15/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 778 of 2021

                             With
 CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
                   OF AMOUNT) NO. 1 of 2023
       In R/CRIMINAL REVISION APPLICATION NO. 778 of 2021
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                          AYUSHDEEP REALTY PVT. LTD
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR JM BAROT(143) for the Applicant(s) No. 1,2
MR DHRUV R THAKKAR(11280) for the Respondent(s) No. 2
MR UVESH M SHAIKH(11313) for the Respondent(s) No. 2
MR L B DABHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                      Date : 15/09/2023

                                       ORAL ORDER

1. 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. 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

applicants and respondent No.2 has been resolved

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amicably, this application is taken up for final disposal

forthwith since parties have settled the dispute as

alleged offence is bailable and compoundable.

3. 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

applicants have prayed for quashing and setting aside

the order dated 29.08.2018 passed by the learned

Additional Chief Metropolitan Magistrate, (N.I. Act Court

No.30) whereby the present revisionist imposed two years

simple imprisonment and directed to pay amount of

cheque towards compensation in Criminal Case No.1356

of 2015. The said order is assailed before the learned

Additional Sessions Judge, Court No.14, City Civil and

Sessions Court, Ahmedabad by filing Criminal Appeal

No.564 of 2018. The said appeal came to be dismissed

and the order of conviction has been confirmed and

upheld by the Additional Sessions Judge. Hence, this

Revision Application is filed.

4. Learned advocate for the applicants have taken

this Court through the factual matrix arising out of the

present application. At the outset, it is submitted that

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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 applicants. It is further submitted that during the

pendency of criminal appeal, the applicants have

deposited full amount before the City Civil and Sessions

Court, Ahmedabad. 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 exercise its powers

conferred under Section 397 read with Section 401 of the

Code and allow the application as prayed for.

5. 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. Mr. Dhruv Thakkar learned advocate for the

respondent No.2 has received instructions to appear on

behalf of the original-complainant. Learned advocate Mr.

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Thakkar placed on record the affidavit of the

complainant, which is ordered to be taken on record.

6.1. Learned advocate for respondent No.2 has

reiterated the contentions raised by the learned advocate

for the applicants. The learned advocate for respondent

No.2 also relied upon the affidavit filed by respondent

No.2 Manan Surendrabhai Shah, who is power of

attorney holder of the original complainant Lataben

Surendrabhai Shah. On inquiry made by the Court,

respondent No.2 has declared before this Court that the

dispute between the applicants and the respondent No.2

is resolved and now the grievance stands redressed. It is

therefore submitted that the present application may be

allowed.

7. At the outset, learned advocates for the

respective parties have jointly submitted that matter is

settled and now the original complainant does not wants

to pursue for the further litigation as complainant and

applicants have settled the matter as the the original

complainant has received full amount of cheque and in

this regard, affidavit of respondent No.2 has been placed,

which is taken on record. The contents of the affidavit is

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also admitted by the original complainant.

8. Considering the fact that as under Section 147

of the Negotiable Act, offence is compoundable and

permissible to settle the dispute at any stage, permission

to settle the dispute is required to be allowed. However,

the revisionist has settled the dispute at the level of

High Court after the confirmation by the appellate Court,

the present application may be allowed. Considering the

fact that as applicants have also deposited an amount of

Rs.2,75,000/- before the Court of Sessions Judge, Court

No.24, Ahmedabad and the present Revisionist has no

objection, if the said amount is paid to the complainant.

Nazir of concerned District Court is directed to pay the amount deposited pursuant to the order passed by the

learned Additional Sessions Judge in Criminal Appeal

No.564 of 2018 vide Receipt No.I-3232908 after due and

proper verification to the complainant.

9. 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 case of Damodar S.

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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 applicants would be unnecessary harassment

to the applicants.

10. Considering the nature of disputes between the

parties which are all private in nature, This Court is of

the opinion that the matter requires consideration. It

appears that the trial would be futile and further

continuance of the proceedings of Criminal Case would

amount to abuse of process of law and hence, to secure

the ends of justice, the Criminal Case is required to be

quashed and set aside in exercise of powers conferred

upon this Court.

11. Considering the facts that the dispute amongst

the applicants and respondent No.2 has been resolved

amicably and since parties have settled the dispute,

Nazir of concerned District Court is directed to pay the

amount Rs.2,75,000/- to the original complainant i.e. the

respondent no.2, namely, Lataben Surendrabhai Shah,

after due and proper verification.

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12. Resultantly, these applications are allowed. The

order dated 29.08.2018 passed by the learned Additional

Chief Metropolitan Magistrate in Criminal Case No.1356

of 2015 as well as impugned Judgment and order of

sentence dated 18.10.2021 passed by Learned Additional

Sessions Court, Ahmedabad in Criminal Appeal No.564 of

2018 stand quashed and set aside qua the applicants,

subject to deposit 10% of the amount of cheque before

the Gujarat State High Court Legal Services Authority

within a period of 10 days.

13. On compliance of the said order, the applicant

no.2 shall be released on bail, if his presence is no

longer required in any other criminal offence.

14. The present application is allowed qua

applicants. In view of the order passed in Criminal Misc.

Application No.1 of 2023, the said application also stands

disposed of. Rule is made absolute

Direct service is permitted.

(HASMUKH D. SUTHAR,J) NABILA