Gujarat High Court
Yogesh Dinkarbhai Joshi vs State Of Gujarat on 25 January, 2024
NEUTRAL CITATION
R/CR.RA/1112/2022 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. 1112 of 2022
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YOGESH DINKARBHAI JOSHI
Versus
STATE OF GUJARAT
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Appearance:
KARTIKKUMAR K JOSHI(8042) for the Applicant(s) No. 1
MR. SUMIT V CHAUDHARI(9388) for the Applicant(s) No. 1
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
RULE UNSERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 25/01/2024
ORAL ORDER
1. Mr. Dharmesh Patel, learned advocate submits that he
has instruction to appear for respondent no.2 and seeks
permission to file appearance. Permission, as sought for, is
granted. Registry to accept the same.
2. At the outset, learned advocates for the respective
parties have jointly submitted that matter is settled and now
and 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.
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
NEUTRAL CITATION
R/CR.RA/1112/2022 ORDER DATED: 25/01/2024
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offence is bailable and compoundable and nothing survives in
the matter.
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 26/09/2022 passed by
the learned Additional Sessions Judge, Court No.25, City Civil
and Sessions Court, Ahmedabad in Criminal Appeal No.14 of
2022 whereby the learned Sessions Judge has confirmed the
judgment and order dated 28/12/2021 passed by the learned
Additional Chief Metropolitan Magistrate (NI Act Court
No.30) in Criminal Case No.58031 of 2019 whereby, the
learned Magistrate has sentenced the applicant - original
accused to undergo 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 cheque to the complainant with interest at the rate
of 6% percent per annum within a period of thirty days from
the date of the order.
5. Being aggrieved by the aforesaid orders, the applicant
has preferred the present Criminal Revision Application.
6. Learned advocate for the applicant submits that the
matter is amicably settled between the parties and hence,
impugned orders may be quashed and set aside by allowing
the present application.
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R/CR.RA/1112/2022 ORDER DATED: 25/01/2024
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7. Learned advocate Mr.Dharmesh Patel appearing for the
original complainant submits that the matter is amicably
settled between the parties. He submits that the complainant
is personally present before 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.
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
statement made between the parties is reflected in the
affidavit filed by the complainant attached with the pursis.
The same is taken on record.
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 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
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R/CR.RA/1112/2022 ORDER DATED: 25/01/2024
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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 proceedings
against the applicant would be unnecessary harassment to the
applicant.
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 26/09/2022 passed by the learned
Additional Sessions Judge, Court No.25, City Civil and
Sessions Court, Ahmedabad in Criminal Appeal No.14 of 2022
and the judgment and order dated 28/12/2021 passed by the
learned Additional Chief Metropolitan Magistrate (NI Act
Court No.30) in Criminal Case No.58031 of 2019 are hereby
quashed and set aside subject to deposit of 15% of the amount
of cheque by the applicant before the Gujarat High Court
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R/CR.RA/1112/2022 ORDER DATED: 25/01/2024
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Legal Services Committee within a period of four weeks from
today.
13. The present application is allowed. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(S. V. PINTO,J)
ILA
