Gujarat High Court
Deepakbhai Ranchhodbhai Suthar vs Thakar Hasmukhbhai Baldevbhai on 18 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
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R/CR.RA/512/2024 ORDER DATED: 18/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 512 of 2024
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2024
In
R/CRIMINAL REVISION APPLICATION NO. 512 of 2024
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DEEPAKBHAI RANCHHODBHAI SUTHAR
Versus
THAKAR HASMUKHBHAI BALDEVBHAI & ANR.
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Appearance:
RUTVIK H MODI(8236) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MR HARDIK MEHAT APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/06/2024
ORAL ORDER
1. Mr. Niyant Bhimani, learned advocate
states that he has instruction to appear on
behalf of respondent no.1 - original complainant
and seeks permission to file vakalatnama.
Permission to file vakalatnama is granted, the
same be accepted.
2. Rule. Learned APP waives service of
notice of Rule on behalf of the respondent no.2 -
State and Mr. Niyant Bhimani, learned advocate
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waives service of notice of Rule on behalf of the
respondent no.1.
3. By way of this application, the
applicant - revisionist challenges the judgment
of conviction and sentence dated 23.08.2022
passed by the learned Judicial Magistrate, First
Class, Harij in Criminal Case No.72 of 2022 under
Section 138 of the Negotiable Instruments Act,
1881, whereby the applicant has been convicted
and sentenced to undergo simple imprisonment for
a period of one year and Rs.1,00,000/- i.e.
cheque amount has been ordered to be paid to the
complainant within 60 days of the order, which
came to be challenged by way of an Appeal and the
same was confirmed on 14.03.2024 by the learned
Sessions Judge, Patan in Criminal Appeal No.53 of
2022.
4. Learned advocate Mr. Rutvik H.Modi for
the applicant - revisionist stated that the
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matter has been settled between the parties, and
the Respondent no.2 - Thakar Hasmukhbhai
Baldevbhai - original complainant is present
before the Court, who is identified by learned
advocate Mr. Niyant Bhimani.
4.1 The respondent no.2 - original
complainant affirms that he has received the
total cheque amount from the revisionist and the
complainant does not want to pursue the matter
now in view of amicable settlement and has given
consent for compounding the offence. The
complainant also filed an affidavit to that
effect, which is taken on record.
5. Mr. Niyant Bhimani, learned advocate for
respondent no.2 - original complainant, concurred
with the factum of settlement of the dispute, as
advanced by learned advocate Mr. Rutvik H.Modi
appearing for the applicant.
6. Advocate Mr. Shah submitted that 20%
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amount has been deposited before the Sessions
Court, which may be ordered to be paid to the
complainant on verification of the identity.
7. 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 Section 147,
inserted by way of amendment towards special law,
would give overriding effect to sub-section (1)
of Section 320 Criminal Procedure Code, 1973
(CrPC) 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.
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8. 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.
8.1 Accordingly, the present application
stands disposed of in the above terms. Rule is
made absolute to the aforesaid extent. Direct
service is permitted.
(GITA GOPI,J)
Pankaj
