Gujarat High Court
Satishkumar Mohanlal Tanawala vs State Of Gujarat on 1 April, 2024
NEUTRAL CITATION
R/CR.RA/490/2024 ORDER DATED: 01/04/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 490 of 2024
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SATISHKUMAR MOHANLAL TANAWALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MUNJAAL M BHATT(8283) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR CH DAVE, ADDL.PUBLIC PROSECUTOR for Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/04/2024
ORAL ORDER
1. Learned advocate Mr.J.P.Chelaramani submits that he has
received instructions to appear on behalf of respondent No.2 and
he would file his Vakalatnama as well as the affidavit placing on
record the Board Resolution authorizing respondent No.2.
Registry to accept the same.
2. Rule. Learned APP waives service of notice of rule for the
respondent - State and learned advocate Mr.Chelaramani waives
service of rule for respondent No.2 - original complainant.
3. The revision has been filed challenging the concurrent
findings arrived at by the Court below whereby in Criminal Case
No.29448 of 2023, the learned Trial Court has convicted the
revisionist for the offence under Section 138 of the Negotiable
Instruments Act and ordered to undergo simple imprisonment of
one year and also passed the order of payment of cheque
NEUTRAL CITATION
R/CR.RA/490/2024 ORDER DATED: 01/04/2024
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amount of Rs.3,55,269/-, failing which simple imprisonment of
further two months has been awarded. The revisionist
unsuccessfully assailed the said judgment and order in Criminal
Appeal No.884 of 2023 whereby the learned Additional Sessions
Judge, Surat confirmed the judgment and order. Hence revision.
4. When the revision is called out for hearing, the
complainant along with his learned advocate
Mr.J.P.Chelaramani is present. Both the parties as well as their
learned advocates submit that the parties have amicably settled
their dispute and amount of cheque has been received by the
first informant. Section 147 of the Negotiable Instruments Act
permits compounding of offence at any stage of the hearing.
Therefore, compounding of the offence is also permitted at the
stage of the present revision.
5. After verifying voluntary character of the compromise and
the request for compounding of offence, the compounding of the
offence is permitted.
6. In light of the decision rendered by the Honble Apex Court
in the case of Damodar S. Prabhu V/s. Sayed Babalal H.
reported in AIR 2010 SC 1907, the applicant is required to pay
15% of the cheque amount by way of cost with the High Court
State Legal Services Authority in accordance with the guidelines
laid-down in the said decision. In para 17 of the said decision,
the Honble Apex Court has also observed that the Court can
reduce the costs with regard to the specific facts and
circumstances of the case. In the instant case, the applicant
suffered imprisonment after conviction, therefore, to meet the
NEUTRAL CITATION
R/CR.RA/490/2024 ORDER DATED: 01/04/2024
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ends of justice, the applicant is directed to deposit 15% of the
cheque amount with the High Court Legal Services Authority.
7. For the foregoing reasons, I pass the following order :
(I) The impugned judgment and order of conviction
under Section 138 of the Negotiable Instruments Act and
passing of sentence thereof by the learned Trial Court in
Criminal Case No.29448 of 2023 and confirmed by the
Sessions Court in Criminal Appeal No.884 of 2023 are
hereby quashed and set aside on account of compounding
of offence with the complainant.
(II) In view of this, the revisionist shall not be under
obligation to serve the remaining sentence and the
revisionist shall be treated as acquitted and is to be set free
on account of compounding of offence with the
complainant. If any amount is paid towards fine by the
revisionist, same may be refunded after due verification.
8. Accordingly, the present revision stands allowed subject to
payment of 15% of the cheque amount of around Rs.3,55,269/-,
which comes to Rs.53,290/-, by the revisionist with the District
Legal Services Authority, Surat within four weeks from today.
The receipt thereof shall be produced on record. Rule is made
absolute to the aforesaid extent. Direct service permitted.
(J. C. DOSHI,J)
GAURAV J THAKER
