Gujarat High Court
Sarojben Mohanlal Patel vs State Of Gujarat on 2 August, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1396/2018 ORDER DATED: 02/08/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO.
1396 of 2018
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SAROJBEN MOHANLAL PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.SANAT B PANDYA(6976) for the Applicant(s) No. 1
MINESH D ERINPURIA(8512) for the Respondent(s) No. 2
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/08/2024
ORAL ORDER
1. Rule. Learned APP waives service of
notice of Rule on behalf of the respondent -
State and Mr. Minesh D.Erinpuria, learned
advocate waives service of notice Rule on behalf
of the respondent no.2. By consent Rule is fixed
forthwith.
2. By way of this application, the
applicant - revisionist challenges the judgment
of conviction and sentence dated 16.03.2017
passed by the learned Additional Chief
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R/CR.RA/1396/2018 ORDER DATED: 02/08/2024
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Metropolitan Magistrate, Ahmedabad in Criminal
Case No.2800180 of 2014 under Section 138 of the
Negotiable Instruments Act, 1881, which came to
be confirmed by order dated 14.11.2018 by the
learned Additional Sessions Judge, Ahmedabad in
Criminal Appeal No.319 of 2017.
3. Learned advocate Mr. Sanat B.Pandya, for
the applicant - revisionist stated that the
matter has been settled between the parties. It
is stated that the all the cheque amount has been
paid to the complainant.
3.1 Mr. Vinodbhai Khimjibhai Golani -
original complainant appeared before this Court,
who is identified by Advocate Mr. Minesh
D.Erinpuria and tendered his affidavit towards
settlement. The original complainant affirms that
the the matter has been settled between the
parties out side the Court and he has received
the total amount, and the complainant does not
want to pursue the matter now in view of amicable
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R/CR.RA/1396/2018 ORDER DATED: 02/08/2024
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settlement and has given consent for compounding
the offence.
4. The daughter of the applicant Ms.
Bindiyakumari Deppakbhai is also present in the
Court, who states that apart from the cheque,
which has been matter of dispute, the complainant
is having their certain cheques being 026535,
026536, 026537, 026538, 026539, 026540 including
cheque nos.118966, 118967, 118968, 118969 and
118970. It is stated by the daughter of the
applicant that the A.T.M. Card bearing
no.4179170028808960 of Axis Bank was in the
custody of the complainant, which she got
cancelled. While the complainant states that he
does not have the custody of any such cheques or
A.T.M.
5. Heard learned Advocate Mr. Sanat
B.Pandya for the applicant and learned advocate
Mr. Minesh D.Erinpuria for respondent no.2 -
original complainant. Over and above the cheque
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R/CR.RA/1396/2018 ORDER DATED: 02/08/2024
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amount, about Rs.1 Lac more has been accepted by
the complainant. This Court does not want to
enter into that dispute since complainant would
know that any misuse/forgery/fabrication would
entail criminal action/liability.
6. Since the complainant has given consent
for compounding the offence, keeping in mind the
object of Section 147 of the NI Act, which is an
enabling provision which provides for compounding
the offence and may require the consent of the
aggrieved for compounding the offence, however,
the specific provision under Section 147,
inserted by way of amendment towards special law,
would give overriding effect to sub-section (1)
of Section 320 Criminal Procedure Code, 1973
(CrPC) as has been observed in the case of
Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC
1907. Accordingly, as the dispute has been
resolved and the entire amount has been paid to
the complainant, in consonance with the object of
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the N.I. Act and the provisions under Section 147
thereof, the matter is considered as compounded.
7. In aforesaid view of the matter, the
judgment and order passed by the learned Trial
Court of conviction and sentence for the offence
punishable under Section 138 of the NI Act, as
affirmed by the learned Appellate Court, are
quashed and set aside. The applicant stands
acquitted.
8. Accordingly, the present application
stands disposed of in the above terms. Rule is
made absolute to the aforesaid extent. Direct
service is permitted.
(GITA GOPI,J)
Pankaj
