Gujarat High Court
Pathan Muradkhan Sahebkhan vs Anilbhai Shankarbhai Valand on 30 January, 2024
NEUTRAL CITATION
R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 129 of 2024
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2024
In R/CRIMINAL REVISION APPLICATION NO. 129 of 2024
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PATHAN MURADKHAN SAHEBKHAN
Versus
ANILBHAI SHANKARBHAI VALAND
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Appearance:
MR SHAHRUKHKHAN A PATHAN(13404) for the Applicant(s) No. 1
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 : 30/01/2024
ORAL ORDER
1. Learned advocate Mr.Shubham B.Dave states that he
has instructions to appear for the original complainant
and he will file his vakilatnama during the course of
the day. Registry to accept the same.
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 further litigation as the complainant has
filed an affidavit in this regard duly sworn in on
NEUTRAL CITATION
R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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12.1.2024.
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 offence is bailable and compoundable
and nothing survives in the matter.
4. Rule. Learned APP Ms. Jirga Jhaveri waives service of
notice of rule for the respondent - State and Mr.Dave
waives service of notice of Rule for the respondent
No.1.
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 dated
2.11.2023 passed by the learned 5 th Additional
Sessions Judge, Mehsana in Criminal Appeal No.64 of
2023, whereby the learned Additional Sessions Judge
has confirmed the judgment and order dated
27.01.2023 passed by the learned Chief Metropolitan
NEUTRAL CITATION
R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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Magistrate, Mehsana in Criminal Case No.4409 of
2021 whereby, the learned Magistrate has sentenced
the applicant - original accused six months rigorous
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.6,00,000/- to the complainant within a period of
ninety days from the date of the order.
6. Being aggrieved, the applicant has preferred the
present Criminal Revision Application.
7. Learned advocate Mr.Pathan 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.
8. On the other-hand, learned advocate Mr.Shubham
Dave for the original complainant submits that the
matter is amicably settled between the parties. He
submits that the complainant is present in the Court
NEUTRAL CITATION
R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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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. 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.
9. On being inquired, the complainant, who is personally
present in the court, has stated 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-3 of the
affidavit filed by the complainant.
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
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R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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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.
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 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
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R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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unnecessary harassment to the applicant.
12. 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.
13. Resultantly, this application is allowed. The impugned
judgment and order dated 2.11.2023 passed by the
learned 5th Additional Sessions Judge, Mehsana in
Criminal Appeal No.64 of 2023, whereby the learned
Additional Sessions Judge has confirmed the judgment
and order dated 27.01.2023 passed by the learned
Chief Metropolitan Magistrate, Mehsana in Criminal
Case No.4409 of 2021 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 one week from
NEUTRAL CITATION
R/CR.RA/129/2024 ORDER DATED: 30/01/2024
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today. The original complainant is permitted to
withdraw the amount of Rs.1,10,000/- deposited by
the applicant herein. Learned trial Court is directed to
allow the original complainant to withdraw the said
amount of Rs.1,10,000/- deposited by the applicant on
due verification.
14. The present application is allowed. Rule is made
absolute to the aforesaid extent. Direct service is
permitted.
15. In view of the above, Criminal Misc. Application also
stands disposed as not survived.
(S. V. PINTO,J)
H.M. PATHAN
