Gujarat High Court
Patel Pavankumar Kanaiyalal vs State Of Gujarat on 8 February, 2024
NEUTRAL CITATION
R/CR.RA/127/2024 ORDER DATED: 08/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 127 of 2024
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PATEL PAVANKUMAR KANIYALAL
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 08/02/2024
ORAL ORDER
1. Learned advocate Ms.Shivami Brahmkshatriya states
that she has instruction to appear for the original
complainant and therefore, she may be permitted to
file her appearance. Accordingly, she is permitted to
file her appearance for the original complainant.
2. At the outset, learned advocates for the respective
parties have jointly submitted that matter is settled
and now, the original complainant does not want to
pursue for further litigation as the complainant has
filed the affidavit in this regard and the same is taken
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on record.
3. With consent of the learned advocates appearing for
the respective parties, the matter is taken up for final
hearing as the matter is amicably settled between the
parties and the offence is bailable and compoundable
and nothing survives in the matter.
4. Rule. Learned APP Ms. Divyangna Jhala waives service
of notice of rule for the respondent - State and learned
advocate Ms. Shivami Brahmkshatriya waives service
of notice of Rule for the respondent No. 2.
5. By way of present revision application filed under
Section 397 read with 401 of the Code of Criminal
Procedure, the applicant has prayed for quashing and
setting aside the impugned judgment and order dated
03.01.2024 passed by the learned 3 rd Additional
Sessions Judge, Mehsana in Criminal Appeal No. 244
of 2022, whereby, the learned Additional Sessions
Judge has confirmed the judgment and order dated
14.07.2022 passed by the learned 9 th Additional
NEUTRAL CITATION
R/CR.RA/127/2024 ORDER DATED: 08/02/2024
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Judicial Magistrate, First Class, Mehsana in Criminal
Case No.1326 of 2021 whereby, the learned 9 th
Additional Judicial Magistrate, First Class, Mehsana
has sentenced the applicant - original accused one
year simple imprisonment for the offence punishable
under Section 138 of the Negotiable Instrument Act
and has also ordered the applicant to pay
compensation of Rs.4,00,000/- to the complainant.
6. Being aggrieved and dissatisfied by the judgment and
order passed by the learned 9th Additional Judicial
Magistrate, First Class, Mehsana, the present
applicant filed Criminal Appeal No.244 of 2022 before
the learned 3rd Additional Sessions Judge, Mehsana.
The learned 3rd Additional Sessions Judge, Mehsana
vide order dated 3.1.2024 confirmed the judgment and
order passed by learned 9th Additional Judicial
Magistrate, First Class, Mehsana and rejected the
appeal. Hence, the applicant filed the present criminal
revision application.
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R/CR.RA/127/2024 ORDER DATED: 08/02/2024
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7. Learned advocate Mr.Kotai for the applicant submits
that as the applicant had shown readiness and
willingness to deposit the amount but, the said
amount could not be deposited to the original
complainant and hence, he was taken into custody. He
further submits that the matter is amicably settled
between the parties and the outstanding amount has
been paid by the applicant to the original complainant.
Mr.Kotai further submitted that financial condition of
the applicant is very poor and that the applicant has
taken Rs.4,00,000/- from the complainant for the
payment of crop loan and therefore, considering the
peculiar facts and circumstances of the case, 10% fine
instead of 15% fine be imposed upon the applicant and
the applicant is ready and willing to pay the fine at the
rate of 10%.
9. Learned advocate Ms.Brahmkshatriya for the original
complainant submits that the matter is amicably
settled between the parties. She submits that the
complainant is present in the Court and she has
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identified the complainant. She submits that the
complainant has no objection, if the conviction
recorded by the learned Trial Court as well as
Appellate Court is set aside. She further submits that
the amount of cheque has already handed over by the
applicant to him.
10. On being inquired, the complainant, who is personally
present in the court, has submitted that the matter is
amicably settled and the amount of cheque has
already been handed over to him and he has no
objection, if the impugned orders passed by the
learned Courts below are quashed and set aside. The
above statement made by the original complainant is
reflected in Para-2 of the affidavit filed by the
complainant.
11. Considering the fact that as under Section 147 of the
Negotiable Instrument Act, the offence is
compoundable and permissible to settle the dispute at
any stage and therefore, permission to settle the
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dispute is required to be allowed. It is pertinent to note
that the applicant has settled the dispute at the level of
High Court after the confirmation by the appellate
Court and therefore, the present application requires
consideration.
12. The learned advocates for the respective parties have
jointly submitted that the matter is settled between the
parties and the original complainant does not want to
pursue further litigation. The original complainant has
filed the affidavit and has admitted the contents of the
affidavit. The complainant has remained present before
this Court and has stated that he has no objection, if
the conviction recorded by the learned Trial Court as
well as Appellate Court is set aside. I have also
considered the facts and circumstances arising out of
the present application as also the decision passed in
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
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unnecessary harassment to the applicant.
13. Considering the nature of dispute between the parties
which is private in nature, the matter requires
consideration and it appears that the trial would be
futile and further continuance of the proceedings
would amount to abuse of process of law and hence, to
secure the ends of justice, the order is required to be
quashed and set aside in exercise of powers conferred
upon this Court.
14. Resultantly, this application is allowed. The judgment
and order dated 03.01.2024 passed by the learned 3 rd
Additional Sessions Judge, Mehsana in Criminal
Appeal No. 244 of 2022 as well as the judgment and
order dated 14.07.2022 passed by the learned 9 th
Additional Judicial Magistrate, First Class, Mehsana in
Criminal Case No.1326 of 2021 are hereby quashed
and set aside subject to deposit 10% of the amount of
cheque considering the peculiar facts and
circumstances of the case before the Gujarat High
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R/CR.RA/127/2024 ORDER DATED: 08/02/2024
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Court Legal Services Committee within a period of four
weeks from today.
15. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required
in any other criminal offence.
16. The present application is allowed. Rule is made
absolute. Direct service is permitted.
(S. V. PINTO,J)
H.M. PATHAN
