Gujarat High Court
Thakor Vishnuji Talaji vs State Of Gujarat on 22 June, 2024
NEUTRAL CITATION
R/CR.RA/433/2023 CONCILIATION ORDER DATED:
22/06/2024 undefined
IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 22ND DAY OF JUNE, 2024
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE M. R.
MENGDEY
AND
CONCILIATOR - MR.ASIM PANDYA
(SENIOR ADVOCATE, HIGH COURT OF
GUJARAT)
R/CRIMINAL REVISION APPLICATION NO. 433 of 2023
1 THAKOR VISHNUJI TALAJI
RESIDING AT?
THAKOR VAS NEAR NEW
WATER TANK,?
IJPURA?
TAL.- JOTANA,?
DIST.- MEHSANA
Applicant(s)
VERSUS
1 STATE OF GUJARAT 2 PRAJAPATI ARVINDBHAI
THROUGH PUBLIC KANJIBHAI
PROSECUTOR, GUJARAT RESIDING AT?
HIGH COURT, AHMEDABAD VILLAGE UCHARAPI,?
DELA,?
TAL AND DIST.- MEHSANA
Respondent(s)
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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NEUTRAL CITATION
R/CR.RA/433/2023 CONCILIATION ORDER DATED:
22/06/2024 undefined
This application is filed under Section under Sections 397
read with Sections 401 of the Code of Criminal Procedure, 1973
(hereinafter referred to as "the Code"), against the judgment and
order dated 06.07.2021 passed by the learned 2nd Additional
Chief Judicial Magistrate First Class, Mahesana in Criminal Case
No.2945 of 2018, whereby the Trial Court has been pleased to
held the applicant guilty for the offence punishable under
Section 138 of N.I. Act and sentenced to undergo SI of 1 year and
also directed to pay compensation of Rs.2,50,000, failing which,
he shall undergo additional 4 months more SI. The said order is
assailed before the learned Additional Sessions Judge, Mahesana
by way of impugned Judgment and order of sentence dated
10.03.2023 in Criminal Appeal No. 152 of 2021. The said appeal
came to be dismissed and the order of conviction has been
confirmed and upheld by the Additional Sessions Judge.
This Criminal Revision Application coming on for
conciliation before Lok Adalat, the following order is passed :
CONCILIATION ORDER
1. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive service of
notice of Rule on behalf of the respective respondents.
2. Learned advocate for the applicant has taken us through
the factual matrix arising in the present application. At the
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outset, it is submitted that the parties have amicably resolved
the issue and therefore, any further continuance of the
proceedings pursuant to the Criminal Case as well as any further
proceedings arising therefrom would create hardship to the
applicant. It is further submitted that in view of the fact that the
dispute is resolved, the trial would be futile and any further
continuance of the proceedings would amount to abuse of
process of law. It is therefore submitted that this Court may
exercise its powers conferred under Section 397 read with
Section 401 of the Code and allow the application as prayed for.
3. Learned Additional Public Prosecutor appearing for the
State has requested to pass appropriate order.
4. Ms.Kiran Udasi, learned advocate for the respondent No.2
has received instructions to appear on behalf of the original-
complainant. He has filed his appearance before the Registry.
4.1. Learned advocate for respondent No.2 has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for respondent No.2 also relied upon the
affidavit filed by respondent No.2 dated 22.06.2024. Respondent
No.2 is present in person before the Court and is identified by
learned advocate for respondent No.2. On inquiry made by the
Court, respondent No.2 has declared before this Court that the
dispute between the applicant and the respondent No.2 is
resolved due to intervention of trusted persons of the society
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and therefore, now the grievance stands redressed. It is
therefore submitted that the present application may be
allowed.
5. At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled in Lok Adalat and
now the original complainant does not want to pursue the
further litigation as complainant and applicant have settled the
matter and in this regard, affidavit of respondent No.2 has been
placed, which is taken on record. The contents of the affidavit is
also admitted by the original complainant. Even complainant has
remained present before us and stated that he has no objection
if the conviction recorded by the learned Trial Court as well as
Appellate Court is set aside.
6. Considering the fact that as the complaint is filed under
Section 138 of the N.I. Act for dishonour of cheque. In the
affidavit of the respondent No.2, it is stated that "I say and
submit that the complainant had settled the matter, as the amount
has been received by the complainant herein. Thus, the present
affidavit is filed by stating that the matter is amicably settled
between the parties. The complaint filed by the original
complainant if quashed and the conviction is set aside then the
complainant does not have any objection and thus the present
affidavit is being filed. At present with the intervention of the
relatives and elders of the family members collectively decided to
end an further litigations as aforesaid cheque amount is already
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deposited by the present applicant and the original complainant
has no objection of withdrawal of said amount by the present
applicant from the Ld. Appellate Court, Mahesana as the amount is
till lying with the Concerned Court and considering the settlement
the original complainant do not wish to prosecute any further the
applicant in the said complaint."
In view of above, the present application deserves
consideration.
7. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application, it appears that further
continuation of criminal proceedings in relation to the impugned
proceeding against the applicant would be unnecessary
harassment to the applicant.
8. Considering the nature of disputes between the parties, which
are all private in nature, I am of the opinion that the matter
requires consideration. It appears that the trial would be futile
and further continuance of the proceedings of Criminal Case
would amount to abuse of process of law and hence, to secure
the ends of justice, the Criminal Case is required to be quashed
and set aside in exercise of powers conferred upon this Court.
9. Resultantly, this application is allowed. The order dated
order dated 06.07.2021 passed by the learned 2nd Additional
Chief Judicial Magistrate First Class, Mahesana in Criminal Case
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No.2945 of 2018 as well as impugned Judgment and order dated
10.03.2023 in Criminal Appeal No. 152 of 2021 stand quashed and
set aside qua the applicant.
10. It would be open for the original-Complainant to withdraw
the amount deposited by the applicant before the learned
Appellate Court/concerned Court.
11. The present application is allowed qua applicant. Rule is
made absolute. Direct service is permitted.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
KUMAR ALOK
