Shailesh Devendrabhai Dubey vs State Of Gujarat
2024 Latest Caselaw 4517 Guj

Gujarat High Court

Shailesh Devendrabhai Dubey vs State Of Gujarat on 7 June, 2024

                                                                             NEUTRAL CITATION




   R/CR.MA/9987/2024                           ORDER DATED: 07/06/2024

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          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                 FIR/ORDER) NO. 9987 of 2024

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                 SHAILESH DEVENDRABHAI DUBEY & ANR.
                                Versus
                       STATE OF GUJARAT & ANR.
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Appearance:
MR BHARATKUMAR H OZA(12150) for the Applicant(s) No. 1
MR JIGAR B OZA(11654) for the Applicant(s) No. 1,2
MR A B CHAUHAN for the Respondent(s) No. 2
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                           Date : 07/06/2024

                            ORAL ORDER

1. Rule. learned APP waives service of notice of rule on behalf of the respondent-State.

2. Present application has been filed by the applicants challenging the order dated 20.04.2024 passed by the learned Chief Judicial Magistrate, Himmatnagar in Criminal Case No.2453 of 2023 under Section 138 of the Negotiable Instrument Act whereby, the learned Magistrate was pleased to convict the applicants under Section 138 of the Negotiable Instrument Act and ordered the applicants to undergo simple imprisonment for a period of 01 year and to deposit the cheque amount of Rs.3 Lakh, failing which, the applicants are further ordered to undergo 01 month simple imprisonment.

NEUTRAL CITATION

R/CR.MA/9987/2024 ORDER DATED: 07/06/2024

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3. Learned advocate Mr.Oza has submitted that the whole amount is deposited to the complainant and dispute has already been amicably settled between the parties and therefore, he prayed to allow the present application by quashing and setting aside the impugned judgment and order of conviction.

4. On the other hand, learned advocate Mr.Chauhan has filed the affidavit on behalf of the complainant stating that the amount is received from the applicant and the complainant is not having any objection if this application is allowed.

5. Considering the submission made by the learned advocates of the respective parties, this court deem is fit to allow this application by quashing and setting aside the impugned judgment and order of conviction.

5. The present applicant is directed to deposit the amount of Rs. 45,000/- pursuant to the judgment passed by the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010 (5) SCC 663 before the Legal Service Authority, High Court of Gujarat within a period of 04 weeks from today.

6. Present Application is allowed accordingly. Rule is made absolute to the aforesaid extent.

(M. K. THAKKER,J) MOHD MONIS