Gujarat High Court
Nikunj Vallabhbhai Mandaviya vs State Of Gujarat on 24 January, 2024
NEUTRAL CITATION
R/CR.RA/114/2024 ORDER DATED: 24/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 114 of 2024
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NIKUNJ VALLABHBHAI MANDAVIYA
Versus
STATE OF GUJARAT
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Appearance:
MR RATHIN P RAVAL(5013) for the Applicant(s) No. 1
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 : 24/01/2024
ORAL ORDER
1. Ms. Esha S. Bhavsar, learned advocate submits that she
has instruction to appear for the respondent No. 2 - original
complainant, and therefore, she may be permitted to file his
appearance. Accordingly, she is permitted to file his
appearance.
2. 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.
3. Rule, returnable forthwith. Learned advocates
appearing for the respondents waive service of notice of Rule
on behalf of respective parties.
NEUTRAL CITATION
R/CR.RA/114/2024 ORDER DATED: 24/01/2024
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4. 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
judgment and order dated 10/11/2023 passed by the learned
10th Additional District and Sessions Judge, Rajkot in Criminal
Appeal No.273 of 2022 as well as order dated 28/04/2022
passed by the learned 11 th Additional Chief Judicial
Magistrate, Rajkot in Criminal Case No.13637 of 2019.
4.1. Vide impugned order dated 28/04/2022 passed in
Criminal Case No.13637 of 2019, the learned 11 th Additional
Chief Judicial Magistrate, Rajkot was pleased to convict the
applicant accused and sentenced to undergo six months
simple imprisonment for the offence punishable under Section
138 of the Negotiable Instrument Act and has also ordered
the applicant accused to pay compensation of Rs.2,10,000/- to
the original complainant within a period of three months from
the date of the order and in default of payment of
compensation, to undergo further simple imprisonment for six
months.
4.2. Being aggrieved and dissatisfied by the aforesaid order
of the learned Magistrate Court, the present applicant
accused filed Criminal Appeal No.273 of 2022 before the
learned 10th Additional District and Sessions Court, Rajkot and
the learned Sessions Court, Rajkot vide order dated
10/11/2023, confirmed the judgment and order passed by
learned Magistrate Court, Rajkot and rejected the appeal of
NEUTRAL CITATION
R/CR.RA/114/2024 ORDER DATED: 24/01/2024
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the present applicant.
5. Learned advocate for the applicant submits that at
present the applicant accused is in Central Jail, Rajkot since
29/11/2023. Learned advocate for the applicant further
submits that the respondent original complainant has filed an
affidavit of compromise stating that no grievance is pending
between them and the original complainant has received the
amount of compensation and hence, the present application
may be allowed and the order of conviction and sentence
imposed by the learned Magistrate Court which has been
confirmed by the learned Sessions Court may be quashed and
set aside.
6. Learned advocate appearing for the respondent original
complainant submits original complainant is present before
this Court and has filed an affidavit which is produced on
record at Annexure-C to this application. Learned advocate
for the respondent original complainant also submits that the
matter is amicably settled between the parties and the
original complainant 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.
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
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R/CR.RA/114/2024 ORDER DATED: 24/01/2024
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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 present
application is allowed and the conviction recorded by the
learned Trial Court as well as the learned Appellate Court is
set aside.
9. 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 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
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R/CR.RA/114/2024 ORDER DATED: 24/01/2024
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order is required to be quashed and set aside in exercise of
powers conferred upon this Court.
11. Resultantly, present application is allowed. The
impugned judgment and order dated 10/11/2023 passed by
the learned 10th Additional District and Sessions Judge, Rajkot
in Criminal Appeal No.273 of 2022 as well as the judgment
and order dated 28/04/2022 passed by the learned 11 th
Additional Chief Judicial Magistrate, Rajkot in Criminal Case
No.13637 of 2019 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 15% of the amount of cheque
before the Gujarat High Court Legal Services Committee
within a period of three weeks from the date of his release.
12. Rule is made absolute. Direct service is permitted.
(S. V. PINTO,J)
ILA
