Gujarat High Court
Dhanjibhai Ramanbhai Parmar vs State Of Gujarat on 21 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/610/2024 ORDER DATED: 21/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 610 of 2024
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DHANJIBHAI RAMANBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
PUBLIC PROSECUTOR for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 21/06/2024
ORAL ORDER
1. Learned advocate Mr. Chirag Brahmbhatt submits that he
has instruction to appear on behalf of original
complainant. He may file his Vakalatnama before
Registry. Registry to accept the same.
2. Challenge in this Revision Application is given to the
judgment and order of conviction and sentence dated
31.01.2023 passed by the learned Chief Judicial
Magistrate, Kheda in Criminal Case no.992 of 2019,
which was confirmed by the judgment and order dated
30.01.2024 passed by the learned Additional Sessions
Jude, Kheda in Criminal Appeal no.61 of 2023.
NEUTRAL CITATION
R/CR.RA/610/2024 ORDER DATED: 21/06/2024
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3. Learned advocate for the applicant 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 for respondent no.2 - original
complainant has placed on record the affidavit of
settlement filed by the respondent no.2-original
complainant and stated that the proposed settlement
amount, as agreed between the parties, has already been
paid. The same is taken on record.
5. Today, Mukeshgiri Kailashgiri Goswami-respondent no.2
is present before this Court and the 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.2,60,000/- had
to be recovered from the present applicant and by way of
affidavit, he stated that the total amount has been
received.
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
NEUTRAL CITATION
R/CR.RA/610/2024 ORDER DATED: 21/06/2024
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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 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. It is further stated by the learned advocate for the
petitioner that an amount of Rs.1,30,000/- is deposited
before the trial Court. Since, original complainant has
received the total amount from the petitioner - accused,
the concerned Court is directed to disburse the amount of
Rs.1,30,000/- to the original accused - Dhanjibhai
Ramanbhai Parmar on proper verification of the identity.
NEUTRAL CITATION
R/CR.RA/610/2024 ORDER DATED: 21/06/2024
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9. Accordingly, the present application is allowed in the
above terms. Rule is made absolute to the aforesaid
extent. Direct service is permitted.
(GITA GOPI,J)
DRASHTI K. SHUKLA
