Bhagvanjibhai Shankerbhai Chudasama vs State Of Gujarat
2024 Latest Caselaw 27 Guj

Gujarat High Court

Bhagvanjibhai Shankerbhai Chudasama vs State Of Gujarat on 2 January, 2024

                                                                              NEUTRAL CITATION




     R/CR.RA/1496/2023                           ORDER DATED: 02/01/2024

                                                                               undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
         NEGOTIABLE INSTRUMENT ACT) NO. 1496 of 2023
==========================================================
            BHAGVANJIBHAI SHANKERBHAI CHUDASAMA
                                Versus
                          STATE OF GUJARAT
==========================================================
Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                           Date : 02/01/2024
                            ORAL ORDER

1. Learned advocate Mr. Umesh Prajapati states that he has received instructions to appear for the respondent No.2 - original complainant and he may be permitted to file his appearance. Accordingly, he is permitted to file his appearance for the respondent No.2.

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 the further litigation as complainant and the complainant has filed the affidavit in this regard and the same is taken 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.

NEUTRAL CITATION

R/CR.RA/1496/2023 ORDER DATED: 02/01/2024

undefined

4. Rule. Learned APP Ms. Jhaveri appears and waives service of notice of rule for the respondent - State and Mr. Prajapati 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 25th October, 2022 passed by the learned Additional Sessions Judge, Jamnagar in Criminal Appeal No. 28 of 2022, whereby, the learned Additional Sessions Judge, Jamnagar has confirmed the judgment and order dated 25 th October, 2022 passed by the learned 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar in Criminal Case No. 4806 of 2018 by an order dated 26 th March, 2021, whereby, the learned 10th Additional Chief Judicial Magistrate, Jamnagar has sentenced the applicant

- original accused six months simple imprisonment for the offence punishable under Section 138 of the Negotiable Instrument Act and has also ordered the applicant to pay an amount of Rs.1,00,000/- towards the compensation to the complainant and in default further imprisonment for one month.

6. Being aggrieved and dissatisfied by the judgment and order passed by the learned Additional Chief Judicial Magistrate, Jamnagar, the present applicant filed Criminal Appeal No. 28 of 2022 before the learned Additional

NEUTRAL CITATION

R/CR.RA/1496/2023 ORDER DATED: 02/01/2024

undefined

Sessions Judge, Jamnagar. The learned learned Additional Sessions Judge, Jamnagar vide judgment and order dated 25th October, 2023 confirmed the judgment and order passed by learned Additional Chief Judicial Magistrate, Jamnagar, and dismissed the appeal preferred by the applicant. Hence, the applicant filed the present criminal revision application.

7. Learned advocate Mr. Pratik Jasani for the applicant submits that the cheque amount has been given to the original complainant, who is present before this Court and now, the matter is amicably settled between the parties.

9. Learned advocate Mr. Pratik Jasani for the original complainant submits that the matter is amicably settled between the parties. He submits that the complainant is present in the Court and he has identified the complainant in the Court. He submits that the complainant has no objection, if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside. He further submits that the cheque amount has been given to the complainant.

10. On being inquired, the complainant, who is 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 be quashed and set aside. The above statement made by the original complainant is reflected in Para-3 of the affidavit filed by the complainant.

NEUTRAL CITATION

R/CR.RA/1496/2023 ORDER DATED: 02/01/2024

undefined

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 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. Further, the applicant has given the cheque amount to the complainant in cash .

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 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

NEUTRAL CITATION

R/CR.RA/1496/2023 ORDER DATED: 02/01/2024

undefined

appears that the proceedings 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 26th March, 2021 passed by the learned 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar in Criminal Case No. 4806 of 2018 as well as impugned judgment and order dated 25 th October, 2023 passed by the learned Additional Sessions Judge, Jamnagar in Criminal Appeal No. 28 of 2022 are hereby quashed and set aside subject to deposit 20% of the amount of cheque before the Gujarat High Court Legal Services Committee within a period of 10 days.

15. The present application is allowed. Rule is made absolute.

Direct service is permitted.

(S. V. PINTO,J) VVM