Gujarat High Court
Prashesh Gamanbhai Raj vs Kiran Rajnikant Shah on 11 January, 2024
NEUTRAL CITATION
R/CR.RA/948/2019 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. 948 of 2019
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE)
NO. 1 of 2019
In R/CRIMINAL REVISION APPLICATION NO. 948 of 2019
With
CRIMINAL MISC.APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 1 of 2023
In R/CRIMINAL REVISION APPLICATION NO. 948 of 2019
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PRASHESH GAMANBHAI RAJ
Versus
KIRAN RAJNIKANT SHAH
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Appearance:
HARSHIT M KARATHIA(7916) for the Applicant(s) No. 1
MR JAY N SHAH(10668) for the Respondent(s) No. 1
MS NAMRATA HARISHBHAI CHAUHAN(6534) for the Respondent(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 11/01/2024
ORAL ORDER
RULE. Learned Additional Public Prosecutor appears and waives
service of notice of rule for and on behalf of the respondent-State.
1] The applicant-original accused has filed the present
application for quashing and setting aside the order passed by
learned 10th Additional District and Sessions Court, Surat in
Criminal Appeal No. 111 of 2016 passed on 19 th July, 2019 and the
order passed by learned 6th Additional Chief Judicial Magistrate,
Surat in Criminal Case No. 23495 of 2006 vide order dated 13 th
July, 2016.
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R/CR.RA/948/2019 ORDER DATED: 11/01/2024
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2] Learned advocate for the applicant submits that the
original complainant i.e. respondent no. 1 has filed a complaint
under Section 138 of the Negotiable Instrument Act, 1881 against
the applicant.
2.1] That at the end of the trial, the learned 6 th Additional
Chief Judicial Magistrate, Surat has been pleased to convict the
accused and sentence the applicant to three months simple
imprisonment and fine of Rs.3,00,000/- and in default further three
months simple imprisonment. It is further directed that upon
depositing the amount of fine, an amount of Rs.2,92,000/- to be
paid to the complainant towards compensation.
2.2] That the applicant, being aggrieved by the aforesaid
judgment, had filed an appeal being Criminal Appeal No. 111 of
2006 before the learned Sessions Court, Surat and learned 10 th
Additional District and Sessions Court, Surat was pleased to reject
the appeal of the present applicant and confirmed the order dated
13th July, 2016 passed by the learned 6 th Additional Chief Judicial
Magistrate, Surat in Criminal Case No. 23495 of 2006.
2.3] The learned advocate for the applicant submits that the
applicant has deposited an amount of Rs.16,000/- and Rs.14,000/-
on 13th July 2016 before Nazir of the learned JMFC, vide receipts
No. 1521731 & 1024194 before the learned 6 th Additional Chief
Judicial Magistrate, Surat and during the pendency of this revision
application, the applicant has deposited Rs.2,70,000/- before the
Nazir of the learned JMFC vide receipt No. 3819872 on 06 th
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R/CR.RA/948/2019 ORDER DATED: 11/01/2024
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August, 2019 and accordingly, the applicant has deposited the
entire amount of fine and hence requested this Court to quash and
set aside the order passed by learned 10 th Additional District and
Sessions Court, Surat in Criminal Appeal No. 111 of 2016 19 th
July, 2019 and the order passed by learned 6 th Additional Chief
Judicial Magistrate, Surat in Criminal Case No. 23495 of 2006 vide
order dated 13th July, 2016 and condition that may be imposed by
this Court.
2.4] Learned advocate for the applicant has submitted that
the applicant has deposited Rs.3,00,000/- before the learned Trial
Court and the amount has been placed in fixed deposit. That the
parties have arrived at settlement and the applicant has no
objection if the respondent No. 1 original complainant is permitted
to withdraw the entire amount of Rs.3,00,000/- with the interest
accrued thereon and an affidavit of the applicant is produced which
is taken on record.
2.5] Learned advocate for the respondent No.1, under
instructions, submits that the respondent No. 1 is the original
complainant and the complainant is more than 85 years and
completely bedridden. He further submits that the original matter is
of the year 2006 and the complainant has not received any amount
regarding the cheque till today. Learned advocate for the
respondent No. 1 submits that the original complainant is unable to
come to this Court or to file any affidavit and the same may be
considered and the learned advocate for the respondent No. 1 has
instruction to compound the matter on a condition that the amount
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R/CR.RA/948/2019 ORDER DATED: 11/01/2024
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of cheque i.e. deposited by the applicant along with the interest be
given to the original complainant.
3] Learned Additional Public Prosecutor appearing for the
respondent-State has opposed to suspend the sentence of the
accused and has submitted that the present application may not
be considered.
4] Heard learned advocate for the applicant, learned
Additional Public Prosecutor appearing for the respondent-State
and learned advocate appearing for the respondent No. 1.
5] On being inquired, the matter is amicably settled and in
view of the affidavit filed by the accused, inter alia, stating that if
the amount of cheque deposited before the learned trial Court
along with interest be withdrawn by the complainant, he has no
objection for the same. The above statement made by the original
complainant is reflected in Para-5 of the affidavit filed by the
applicant.
6] 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, it is
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.3,00,000/-
before the learned JMFC, Surat.
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7] 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. 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.
8] 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.
9] Resultantly, this application is allowed. The judgment and
order learned 10th Additional District and Sessions Court, Surat in
Criminal Appeal No. 111 of 2016 passed on 19 th July, 2019 and the
order passed by learned 6th Additional Chief Judicial Magistrate,
Surat in Criminal Case No. 23495 of 2006 vide order dated 13 th
July, 2016 are hereby quashed and set aside subject to the
applicant depositing 20% of the amount of cheque before the
Gujarat High Court Legal Services Committee within a period of
four weeks from today.
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R/CR.RA/948/2019 ORDER DATED: 11/01/2024
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10] The Nazir of the concerned trial Court is directed to pay the
entire amount of Rs.3,00,000/- along with interest accrued thereon
to the respondent No. 1 original complainant by NEFT/RTGS, after
proper verification.
11] The present application is allowed. Rule is made absolute.
Direct service is permitted.
ORDER IN CRIMINAL MISC.APPLICATION NO. 1 of 2023
In view of the order passed in main matter, learned Advocate
for the applicant seeks permission to withdraw the present
application.
Permission as prayed for is granted. The Application stands
disposed of as withdrawn.
ORDER IN CRIMINAL MISC. APPLICATION NO. 1 of 2019
In view of the order passed in main matter, learned Advocate
for the applicant seeks permission to withdraw the present
application.
Permission as prayed for is granted. The Application stands
disposed of as withdrawn.
(S. V. PINTO,J)
VVM
