Gujarat High Court
Vaibhavbhai Dahyabhai Parmar vs State Of Gujarat on 12 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1394/2023 ORDER DATED: 12/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1394 of 2023
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2024
In R/CRIMINAL REVISION APPLICATION NO. 1394 of 2023
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VAIBHAVBHAI DAHYABHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MS POOJA BASWAL ADVOCATE for the Respondent(s) No. 2
MS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/06/2024
ORAL ORDER
1. RULE. Learned advocates waive service of Rule on
behalf of the respective respondents.
2. Challenge in this Revision Application is given to
the judgment and order of conviction and
sentence dated 21.09.2023 passed by the learned
Sessions Judge, Narmda at Rajpipla in Criminal
Appeal No.36 of 2023 confirming the judgment
and order of conviction dated 19.04.2023 passed
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R/CR.RA/1394/2023 ORDER DATED: 12/06/2024
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by the learned Chief Judicial Magistrate, Rajpipla
in Criminal Case No.763 of 2016.
3. Learned advocate for the applicant submitted that
submitted that the cheque amount is Rs.1,70,000/-
and while allowing the appeal, 20% of the cheque
amount has been deposited before the Appellate
Court and the total cheque amount has been paid.
He submitted that during the pendency of the
proceedings, parties have settled the disputes
amicably outside the Court and that there remains
no grievance between them.
4. Learned advocate Ms.Pooja Baswal has instructions
to appear on behalf of respondent no.2 - original
complainant. She seeks permission to file
Vakalatnama. Her Vakalatnama to be accepted.
5. As per the settlement, learned advocate Ms.Pooja
Baswal has placed on record the affidavit of
settlement filed by the respondent no.2-original
complainant who appeared before this Court
through video conference from the office of
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R/CR.RA/1394/2023 ORDER DATED: 12/06/2024
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learned advocate Mr.T.A.Thakar who has
identified the complainant. The said affidavit is
taken on record. In the affidavit filed by the
original complainant it is clearly stated that
amount of Rs.1,70,000/- has already been paid.
Learned advocate seeks permission to file
Vakalatnama. Let Vakalatnama be accepted.
5. Respondent no.2 has affirmed the contents of the
affidavit and is identified by learned advocate for
respondent no.2. Respondent no.2 has further
stated that total amount of Rs.1,70,000/- has been
paid and he has no objection if the 20% of the
cheque amount be given to the original accused.
6. Since the complainant has given consent for
compounding the offence, keeping in mind the
object of Section 147 of the NI Act, which is an
enabling provision which provides for
compounding the offence and may require the
consent of the aggrieved for compounding the
offence, however, the specific provision under
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R/CR.RA/1394/2023 ORDER DATED: 12/06/2024
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Section 147, inserted by way of amendment
towards special law, would give overriding effect
to sub-section (1) of Section 320 of the Code of
Criminal Procedure, 1973 as has been observed in
the case of Damodar S. Prabhu v. Sayed Baba Lal,
AIR 2010 SC 1907. Accordingly, as the dispute
has been resolved and the entire amount has been
paid to the complainant, in consonance with the
object of the N.I. Act and the provisions under
Section 147 thereof, the matter is considered as
compounded.
7. In aforesaid view of the matter, the judgment and
order passed by the learned Trial Court of
conviction and sentence for the offence punishable
under Section 138 of the NI Act, as affirmed by
the learned Appellate Court, are quashed and set
aside. The applicant stands acquitted.
8. In view of the above, the concerned Court is
directed to return 20% of amount to the original
accused on proper verification of the identity,
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R/CR.RA/1394/2023 ORDER DATED: 12/06/2024
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deposited towards the appeal.
9. Accordingly, the present application is allowed in
the above terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
10. In view of this order passed in the main matter,
the connected application filed for suspension of
sentence would not survive and it is disposed of
accordingly.
(GITA GOPI,J)
MISHRA AMIT V.
