Gujarat High Court
Sahebrao Gulabbhai Chaudhary vs State Of Gujarat on 18 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/686/2024 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. 686 of 2024
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SAHEBRAO GULABBHAI CHAUDHARY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
SUNILKUMAR N PUNJANI(8845) for the Applicant(s) No. 1
MR KRUNAL G PATEL(8525) for the Respondent(s) No. 2
MR HARDIK MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 18/06/2024
ORAL ORDER
1. By way of this application, the
applicant - revisionist challenges the judgment
of conviction and sentence dated 27.09.2022
passed by the learned 2nd Chief Additional
Judicial Magistrate, Surat in Criminal Case
No.35440 of 2019 under Section 138 of the
Negotiable Instruments Act, 1881. The above
sentence was challenged by way of an Appeal and
the same was confirmed on 20.02.2024 by the
learned 13th Additional District & Sessions Judge,
Surat in Criminal Appeal No.601 of 2022.
NEUTRAL CITATION
R/CR.RA/686/2024 ORDER DATED: 18/06/2024
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2. Learned advocate Mr. Sunilkumar N.Punjan
for the applicant - revisionist stated that the
matter has been amicably settled between the
parties by way of compromise.
3. Mr. Ashvinkumar Govindlal Patel -
original complainant is present before the Court
along with Advocate Mr. Krunal G.Patel, who
identified him.
4. The affidavit of the original
complainant is on record, who states and affirms
that the the matter has been settled between the
parties out side the Court. The complainant
stated that the cheque amount is Rs.3,05,000/-
and he has received the total amount, while
Rs.1,52,500/- is already deposited by the
applicant before the Nazir Department, Chief
Judicial Magistrate Court, Surat on 18.05.2024,
and thus, stated that necessary order may be
passed so that he can receive the amount from the
NEUTRAL CITATION
R/CR.RA/686/2024 ORDER DATED: 18/06/2024
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Nazir Department, and the complainant does not
want to pursue the matter now in view of amicable
settlement and has given consent for compounding
the offence.
5. 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
NEUTRAL CITATION
R/CR.RA/686/2024 ORDER DATED: 18/06/2024
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thereof, the matter is considered as compounded.
6. 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.
7. The amount of Rs.1,52,500/- deposited
before the Nazir Department, Chief Judicial
Magistrate Court, Surat be paid to the original
complainant - Mr. Ashvinkumar Govindlal Patel.
8. 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
