Gujarat High Court
Bipinchandra Ambalal Pandya vs State Of Gujarat on 5 February, 2024
NEUTRAL CITATION
R/CR.RA/1201/2019 ORDER DATED: 05/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1201 of 2019
(AGAINST ACQUITTAL - NEGOTIABLE INSTRUMENT ACT)
With
CRIMINAL MISC.APPLICATION NO. 1 of 2023
(FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
In
R/CRIMINAL REVISION APPLICATION NO. 1201 of 2019
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BIPINCHANDRA AMBALAL PANDYA
Versus
STATE OF GUJARAT
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Appearance:
MR.AMIT R JOSHI(6682) for the Applicant(s) No. 1
MRS. R.H. PATHAN(6540) for the Applicant(s) No. 1
HIMANSHI R BALODI(8919) for the Respondent(s) No. 2
MR. MH SHEKHAWAT(7194) for the Respondent(s) No. 2
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 05/02/2024
ORAL ORDER
1. 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 the further
litigation as complainant since the applicant has paid the
entire amount of cheque to the complainant and the
complainant has filed the affidavit in this regard and the
same is taken on record.
2. With consent of the learned advocates appearing for the
respective parties, the matter is taken up for final hearing as
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R/CR.RA/1201/2019 ORDER DATED: 05/02/2024
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the matter is amicably settled between the parties and the
offence is bailable and nothing survives in the matter.
3. Rule. Learned APP Ms. Jirga Jhaveri waives service of notice
of rule for the respondent - State and Mr. M.H.Shekhavat
waives service of notice of Rule for the respondent No. 2.
4. By way of the present revision application filed u/s. 397 read
with 401 of the Code of Criminal Procedure, the applicant
has prayed for quashing and setting aside the impugned
judgment and order in Criminal Appeal No. 102 of 2018
passed by the learned 3rd Sessions Judge, Gandhinagar on
19.08.2019, whereby, the learned Sessions Judge has
confirmed the judgment and order in Criminal Case No.
4220 of 2015 passed by the learned 6th Additional Chief
Judicial Magistrate, Gandhinagar on 23.07.2018, whereby,
the learned Additional Chief Judicial Magistrate has
sentenced the applicant - original accused two years simple
imprisonment for the offence punishable under Section 138
of the Negotiable Instrument Act and to pay an amount of
Rs.15,00,000/- to the complainant and in default, simple
imprisonment of six months.
5. Being aggrieved and dissatisfied by the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Gandhinagar the present applicant filed criminal appeal
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R/CR.RA/1201/2019 ORDER DATED: 05/02/2024
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before the learned Sessions Judge, Gandhinagar. The learned
Sessions Judge has confirmed the judgment and order passed
by the learned Additional Chief Judicial Magistrate and
rejected the appeal. Hence, the applicant filed the present
criminal revision application.
6. Learned advocate Mr. Amit Joshi for the applicant submits
that the matter is amicably settled between the parties due to
intervention of common friends, relatives and elders and no
grievance survives in respect of the subject matter dispute
and the settlement is arrived on the terms of 7,50,000/- and
accordingly, the applicant has already deposited
Rs.7,50,000/- before the learned Sessions Court that may be
released in favour of the original complainant. Hence, the
present application may be allowed and the order of
conviction and sentence imposed by the learned Additional
Chief Judicial Magistrate, Gandhinagar and confirmed by the
learned 3rd Sessions Judge, Gandhinagar may be quashed and
set aside. Learned advocate for the applicant submits that the
amount of cheque in question is of Rs.15,00,000/- whereas
the settlement between the parties has arrived at for
Rs.7,50,000/-. He, therefore, prays that if the amount of fine
is ordered to be paid at 10% considering the peculiar facts of
the present case, it would meet the ends of justice.
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R/CR.RA/1201/2019 ORDER DATED: 05/02/2024
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7. Learned advocate Mr.Shekhavat for the original complainant
submits that the matter is amicably settled between the
parties and he produced a notarized copy of affidavit filed by
the original complainant. Learned advocate submits that in
the affidavit, it is stated that that due to intervention of
common friends, relatives and elders of society and no
grievance survives in respect of the dispute. The settlement is
arrived at on the terms that Rs.7,50,000/- already deposited
by the present applicant before the learned Sessions Court
will be released in favour of the original complainant and
therefore, he has no objection if the impugned orders are
quashed and set aside.
8. 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 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.
9. 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
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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 unnecessary harassment to the
applicant.
10. 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.
11. Resultantly, this application is allowed. The judgment and
order in Criminal Case No. 4220 of 2015 passed by the
learned 6th Additional Chief Judicial Magistrate, Gandhinagar
on 23.07.2018 and confirmed by judgment and order in
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Criminal Appeal No. 102 of 2018 passed by the learned 3 rd
Sessions Judge, Gandhinagar on 19.08.2019 are hereby
quashed and set aside subject to deposit 10% of the amount
of cheque considering the peculiar facts of the case before the
Gujarat High Court Legal Services Committee within a period
of four weeks from today. The complainant is permitted to
withdraw the amount of Rs.7,50,000/- being the agreed
amount as per the settlement arrived at between the parties
and the learned trial Court is also directed to permit the
complainant to withdraw the said amount of Rs.7,50,000/-
on proper and due verification.
12. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required in
any other criminal offence.
13. Rule is made absolute. Direct service is permitted.
ORDER IN CRIMINAL MISC. APPLICATION :
In view of the order passed in main application, present
application does not survive. The present application stands
disposed of accordingly.
(S. V. PINTO, J)
F.S.KAZI.....
