Gujarat High Court
Ajitbhai Rahemanbhai Pathan vs State Of Gujarat on 19 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/869/2024 ORDER DATED: 19/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 869
of 2024
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AJITBHAI RAHEMANBHAI PATHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VEVANSH KAKKAD ADVOCATE FOR MR PARVEZ A PATHAN(10862)
for the Applicant(s) No. 1
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 : 19/06/2024
ORAL ORDER
1. Advocate Mr. Adil Husain Saiyed is
present before the Court through video
conferencing along with original complainant and
states that he has instruction to appear on
behalf of respondent no.2 - original complainant
and seeks permission to file Vakalatname.
Permission to file Vakalatnma is granted; the
same be taken on record.
2. Rule. Learned APP waives service of
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R/CR.RA/869/2024 ORDER DATED: 19/06/2024
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notice of Rule on behalf of the respondent no.2 -
State and Mr. Adil Husain Saiyed, learned
advocate waives service of notice of Rule on
behalf of the respondent no.2.
3. By way of this application, the
applicant - revisionist challenges the judgment
of conviction and sentence dated 02.07.2022
passed by the learned Chief Judicial Magistrate,
Bharuch in Criminal Case No.728 of 2019 under
Section 138 of the Negotiable Instruments Act,
1881, which came to be confirmed by order dated
08.01.2024 by the learned Principal District and
Sessions Judge, Bharuch in Criminal Appeal No.656
of 2022.
4. Learned advocate Mr. Vevansh Kakkad for
Mr. Parvesh Pathan, learned advocate for the
applicant - revisionist stated that the matter
has been settled between the parties. It is
stated that the all the cheque amount has been
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R/CR.RA/869/2024 ORDER DATED: 19/06/2024
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paid to the complainant.
4.1 Mr. Vinodchandra Ramanlal Modi -
original complainant appeared before the Court
through video conferencing along with Advocate
Mr. Adil Husain Saiyed.
4.2 The affidavit of the original
complainant is on record, who affirms that the
the matter has been settled between the parties
out side the Court and he has received the cheque
amount of Rs.1,00,000/-, 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,
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R/CR.RA/869/2024 ORDER DATED: 19/06/2024
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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.
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. The applicant stands
acquitted and be released forthwith from the
jail.
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R/CR.RA/869/2024 ORDER DATED: 19/06/2024
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7. Accordingly, the present application
stands disposed of in the above terms. Rule is
made absolute to the aforesaid extent. Direct
service is permitted. Registry to communicate
this order to the concerned Court/authority by
Fax or Email forthwith.
(GITA GOPI,J)
Pankaj
