Gujarat High Court
Solanki Vijaybhai Khemabhai vs State Of Gujarat on 11 January, 2024
NEUTRAL CITATION
R/CR.RA/31/2024 ORDER DATED: 11/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 31 of 2024
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SOLANKI VIJAYBHAI KHEMABHAI
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
MR BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 11/01/2024
ORAL ORDER
1. Learned advocate Ms.Shivani Bhrahmakshatriya states that
now, she has instruction to appear for the respondent No.2 -
original complainant and therefore, she may be permitted to
file her appearance. Accordingly, she is permitted to file her
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
NEUTRAL CITATION
R/CR.RA/31/2024 ORDER DATED: 11/01/2024
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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 Mr. Bhargav Pandya waives service of
notice of rule for the respondent - State and Ms.Shivani
Bhrahmakshatriya 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 in Criminal Appeal No.240 of
2023 passed by the learned 3 rd Additional Sessions Judge,
Mahesana dated 18.12.2023 and the learned Sessions Judge
has confirmed the judgment and order in Criminal Case No.
3501 of 2019 passed by the learned 7th Additional Judicial
Magistrate, First Class, Mahesana on 29.04.2023, whereby,
the learned Additional Judicial Magistrate, First Class,
Mahesana 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.1,50,000/-
to the complainant and in default, three months simple
imprisonment.
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R/CR.RA/31/2024 ORDER DATED: 11/01/2024
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6. Being aggrieved and dissatisfied by the judgment and order
passed by the learned 7th Additional Judicial Magistrate, First
Class, the present applicant filed Criminal Appeal before the
learned 3rd Additional Sessions Judge, Mahesana. The learned
Additional Sessions Judge, confirmed the judgment and order
passed by learned 7th Additional Judicial Magistrate, First
Class and rejected the appeal. Hence, the applicant filed the
present criminal revision application.
7. Learned advocate Mr. Kamlesh Kotai for the applicant
submits that as the applicant has submitted that the applicant
has already deposited Rs.30,000/- before the learned Trial
Court vide Receipt No.I-5361839 on 28.07.2023 and now,
the matter is amicably settled between the parties and the
remaining amount has been paid to the original complainant.
8. Learned advocate Ms.Shivani Bhrahmakshatriya 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 identified the complainant
in the Court. She submits that the complainant has no
objection, if the conviction recorded by the learned Trial
Court as well as Appellate Court is quashed and set aside.
9. On being inquired, the complainant, who is present in the
court, has submitted that the matter is amicably settled and
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the amount as ordered by the learned Trial Court 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.
10. 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 deposited
an amount of Rs.30,000/- before the learned Trial Court vide
Receipt No.I-5361839 on 28.07.2023.
11. 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
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R/CR.RA/31/2024 ORDER DATED: 11/01/2024
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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.
12. Considering the nature of dispute between the parties which
is private in nature, the matter requires consideration and it
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.
13. Resultantly, this application is allowed. The judgment and
order in Criminal Case No. 3501 of 2019 passed by the
learned 7th Additional Judicial Magistrate, First Class,
Mahesana on 29.04.2023 as well as impugned judgment and
order in Criminal Appeal No.240 of 2023 passed by the
learned 3rd Additional Sessions Judge, Mahesana dated
18.12.2023 are hereby quashed and set aside subject to
deposit 15% of the amount of cheque before the Gujarat High
Court Legal Services Committee within a period of two
weeks.
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R/CR.RA/31/2024 ORDER DATED: 11/01/2024
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14. On compliance of the said order, the applicant shall be
released forthwith, if his presence is no longer required in
any other criminal offence.
15. The learned Trial Court is directed to transfer Rs.30,000/-
along with interest accrued thereon to the applicant by
NEFT / RTGS, after proper verification.
16. The present application is allowed. Rule is made absolute.
Direct service today is permitted.
(S. V. PINTO, J)
F.S.KAZI.....
