Patel Krishnaben Nigleshbhai vs State Of Gujarat
2024 Latest Caselaw 5206 Guj

Gujarat High Court

Patel Krishnaben Nigleshbhai vs State Of Gujarat on 22 June, 2024

                                                                                 NEUTRAL CITATION




  R/CR.RA/995/2022                             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. 995 of 2022

  1    PATEL KRISHNABEN
       NIGLESHBHAI
       RESIDING AT. ?
       ?
       SADUTHALA, NAVAPARA
       985,?
       VISANAGAR,?
       MEHSANA.

                                                               Applicant(s)
                              VERSUS

  1    STATE OF GUJARAT                 2   PATEL VISHNUBHAI
       NOTICE TO BE SERVED                  PARSHOTAMDAS
       THROUGH PUBLIC                       B/8, KARMBHUMI
       PROSECUTOR,?                         SOCIETY,?
       HIGH COURT OF GUJARAT,?              DHAROI COLONY ROAD,
       AHMEDABAD                            VISANAGAR,?
                                            TAL. VISNAGAR, DIS-
                                            MEHSANA

                                                           Respondent(s)
==========================================================

Appearance:

MR. MANTHAN V SHUKLA(10021) for the Applicant(s) No. 1 MR RAKESH R PATEL(3239) for the Respondent(s) No. 2

==========================================================

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

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order dated 18.02.2020 passed by the learned Additional Judicial Magistrate First Class, Visnagar in Criminal Case No.976 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 along with fine of Rs.5,20,000/-. The said order is assailed before the learned 2nd Additional Sessions Judge, Visnagar by way of impugned Judgment and order of sentence dated 12.09.2022 in Criminal Appeal No. 46 of 2020. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the Additional Sessions Judge and learned Appellate Court has directed the appellant to surrender within 7 days from the date of judgment.

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 this Court through the factual matrix arising out of the present application.

At the 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

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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.

4.1. 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 18.03.2024. 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 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 wants to pursue for the

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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 this Court 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. In the affidavit of the respondent No.2, it is stated that "That then after the applicant herein preferred the caption criminal revision application and hence challenged the order passed by order both the court below. It is respectfully submitted that after filing of the caption application, I have settled the dispute with the applicant (accused). That in pursuant of the said settlement both the parties also executed one settlement agreement on 05.08.2023. A copy of the settlement agreement is annexed with and marked by Annexure-R1. It is respectfully submitted that in view of the settlement the applicant herein has paid Rs. 3,00,000/- to me as a full and final settlement amount of the cheque amount and therefore, I state that I am not going to claim any further amount from the applicant. It is respectfully submitted that the applicant herein has deposited Rs. 1,00,000/- before the trial court in view of an order dated 16.09.2022 passed by this Hon'ble court and I state that I do not have any objection if the applicant herein withdraw the same from the trial court i.e JMFC, Vishnagar. It is further stated that the

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applicant herein has also deposited Rs.1,04,000/- before the appellant court during the course of the preferring an appeal and therefore, I state that I do not have any objection if the applicant herein withdraw the same from the sessions court, Vishnagar.

It is respectfully submitted that in view the above stated facts, I state that I do not have any objection if this Hon'ble Court allows the caption criminal revision application preferred by the applicant and acquits him by quashing and setting aside the impugned judgment orders.

I state and submit that I am filing this affidavit without any pressure, inducement and threat of any person concern with the matter and I further state that I have filed this affidavit in proper state of mind without any pressure."

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

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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 judgment and order dated 18.02.2020 passed by the learned Additional Judicial Magistrate First Class, Visnagar in Criminal Case No.976 of 2018 as well as impugned Judgment and order dated 12.09.2022 passed by the learned 2nd Additional Sessions Judge, Visnagar in Criminal Appeal No. 46 of 2020 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