Gujarat High Court
Dharmendra Hemandas Ratnani vs State Of Gujarat on 25 January, 2024
NEUTRAL CITATION
R/CR.RA/304/2019 ORDER DATED: 25/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 304 of 2019
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2023
In R/CRIMINAL REVISION APPLICATION NO. 304 of 2019
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DHARMENDRA HEMANDAS RATNANI
Versus
STATE OF GUJARAT
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Appearance:
MR JOHNSEY P MACWAN(5498) for the Applicant(s) No. 1
MR RASHMIN MAKWANA(3758) for the Applicant(s) No. 1
MR EKANT G AHUJA(5323) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 25/01/2024
ORAL ORDER
1. 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 further litigation as the complainant has
filed an affidavit in this regard and the same is taken
on record.
2. With consent of the learned advocates appearing for
the respective parties, the matter is taken up for final
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R/CR.RA/304/2019 ORDER DATED: 25/01/2024
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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. Learned APP Ms. Jirga Jhaveri waives service of
notice of rule for the respondent - State and Mr.Ahuja
waives service of notice of Rule for the respondent
No.2.
4. 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
12.02.2019 passed by the learned Additional Sessions
Judge, Court No.17, Ahmedabad in Criminal Appeal
No.314 of 2018, whereby the learned Additional
Sessions Judge has confirmed the judgment and order
dated 03.05.2018 passed by the learned Additional
Chief Metropolitan Magistrate (NI Court), Court No.29,
Ahmedabad in Criminal Case No.1609 of 2017
whereby, the learned Magistrate has sentenced the
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R/CR.RA/304/2019 ORDER DATED: 25/01/2024
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applicant - original accused two years 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.1,60,000/- to the complainant within a period of
thirty days from the date of the order.
5. Being aggrieved, the applicant has preferred the
present Criminal Revision Application.
6. Learned advocate Mr.Nitish Nair for the applicant
submits that the matter is amicably settled between
the parties and if the amount deposited by the
applicant is permitted to be withdrawn by the original
complainant, the applicant has no objection to the
same.
7. On the other-hand, learned advocate Mr.Ahuja 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
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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 applicant has no objection if the amount of
cheque deposited by the applicant is permitted to be
withdrawn by the respondent No.2 - original
complainant.
8. On being inquired, the complainant, who is present in
the court, has submitted that the matter is amicably
settled 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-4 of the affidavit filed
by the complainant.
9. 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
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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.
10. 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.
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11. Considering the nature of dispute between the parties
which is private in nature 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 orders
under challenge are required to be quashed and set
aside in exercise of powers conferred upon this Court.
12. Resultantly, this application is allowed. The impugned
judgment and order dated 12.02.2019 passed by the
learned Additional Sessions Judge, Court No.17,
Ahmedabad in Criminal Appeal No.314 of 2018,
whereby the learned Additional Sessions Judge has
confirmed the judgment and order dated 03.05.2018
passed by the learned Additional Chief Metropolitan
Magistrate (NI Court), Court No.29, Ahmedabad in
Criminal Case No.1609 of 2017 are hereby quashed
and set aside subject to deposit 15% of the amount of
cheque by the applicant before the Gujarat High Court
Legal Services Committee within a period of four weeks
from today.
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13. The present application is allowed. Rule is made
absolute to the aforesaid extent. Direct service is
permitted.
14. In view of the above, Criminal Misc. Application also
stands disposed as not survived.
(S. V. PINTO,J)
H.M. PATHAN
