Gujarat High Court
Vijaybhai Rameshbhai Vaghela vs State Of Gujarat on 6 February, 2024
NEUTRAL CITATION
R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1174 of 2022
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VIJAYBHAI RAMESHBHAI VAGHELA
Versus
STATE OF GUJARAT
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Appearance:
ANURAG V AGRAWAL(9295) for the Applicant(s) No. 1
MR SHRIRAJ D SHAH(10475) 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 : 06/02/2024
ORAL ORDER
1. 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.
2. By way of the 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
order dated 12/11/2021 passed by the learned Additional
Chief Judicial Magistrate, Padra in Criminal Case No.1339 of
2017 and order dated 12/10/2022 passed by the learned 4 th
Additional Sessions Judge, Vadodara in Criminal Appeal
No.219 of 2021.
NEUTRAL CITATION
R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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2.1. Vide impugned order dated 12/11/2021 passed in
Criminal Case No.1339 of 2017, the learned Additional Chief
Judicial Magistrate, Padra was pleased to convict the
applicant accused and sentenced to undergo simple
imprisonment for a period of one year and fine of Rs.5,000/-
and in default of payment of fine to undergo further one
month simple imprisonment for the offence punishable under
Section 138 of the Negotiable Instrument Act and has also
ordered the applicant accused to pay an amount of
compensation of Rs.5,50,000/-.
2.2. Being aggrieved and dissatisfied by the aforesaid order
of the learned Magistrate Court, the present applicant filed
Criminal Appeal No.219 of 2021 before the learned 4 th
Additional Sessions Court, Vadodara and the learned Sessions
Court, Vadodra vide order dated 12/10/2022 confirmed the
judgment and order passed by learned Magistrate Court,
padra and rejected the appeal of the present applicant and the
present applicant was directed to surrender before the
learned trial court for execution of sentence.
3. Learned advocate for the applicant submits that after
the impugned orders and filing of the present revision
application, the parties have amicably settled the matter and
the complainant has filed an affidavit of compromise stating
that no grievance is pending between them and he has
received the amount as agreed as per the compromise and
hence, the present application may be allowed and the order
of conviction and sentence imposed by the learned Magistrate
NEUTRAL CITATION
R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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Court which has been confirmed by the learned Sessions
Court may be quashed and set aside.
4. Learned advocate for the applicant further submits that
the applicant and the original complainant are present before
the Court and compromised the case for an amount of
Rs.3,00,000/-. Learned advocate submits that though the
cheque amount is of Rs.5,50,000/-, compromise has been
entered into for an amount of Rs.3,00,000/-. Learned
advocate submits that the the applicant is vegetable vendor
and his financial condition is very bad and hence original
complainant has settled the matter for a lesser amount than
the amount of cheque. Learned advocate submits that out of
total amount compromised, in total Rs.2,60,000/- is deposited
before the learned sessions court by the applicant and the
same is to be paid to respondent no.2 original complainant.
5. Learned advocate for the respondent original
complainant submits an affidavit of the original complainant
which is taken on record.
6. Learned advocate for the respondent original
complainant also submits that the matter is amicably settled
between the parties and the original complainant who is
personally present before the Court has no objection if
present application is allowed and the conviction recorded by
the learned Trial Court as well as the learned Appellate Court
is quashed and set aside.
NEUTRAL CITATION
R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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7. 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.
8. 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.
Learned advocate for the complainant has stated that the
original complainant has no objection, if the conviction
recorded by the learned Trial Court as well as the learned
Appellate Court is set aside.
9. On inquiry, it is found that the applicant is a vegetable
vendor and doing business of vegetables and he has borrowed
the amount to pay the complainant and as the complainant
has understood the financial condition of the applicant, has
settled the matter for lesser amount.
10. Learned advocate for the applicant urges this Court that
considering the financial condition of the applicant, he may be
ordered to deposit 10% of the settled amount as per the
decision of the Damodar S. Prabhu Vs. Sayed Babalal H,
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R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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reported in 2010(5) SCC 663.
11. This Court has also considered the facts and
circumstances arising out of the present application as also
the decision passed in case of Damodar S. Prabhu (supra).
It appears that further continuation of criminal proceedings in
relation to the impugned proceeding against the applicant
would be unnecessary harassment to the applicant.
12. 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.
13. Resultantly, present application is allowed. The
impugned order dated 12/11/2021 passed by the learned
Additional Chief Judicial Magistrate, Padra in Criminal Case
No.1339 of 2017 and order dated 12/10/2022 passed by the
learned 4th Additional Sessions Judge, Vadodara in Criminal
Appeal No.219 of 2021 are hereby quashed and set aside and
the applicant the applicant shall be released forthwith, if his
presence is no longer required in any other criminal offence
subject to the applicant deposits 10% of the amount of of the
settlement before the Gujarat High Court Legal Services
Committee within a period of four weeks from the date of his
release.
NEUTRAL CITATION
R/CR.RA/1174/2022 ORDER DATED: 06/02/2024
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14. Present application is disposed of. Rule is made
absolute. Direct service is permitted.
(S. V. PINTO,J)
ILA
