Gujarat High Court
Rakeshbhai Babulal Thakkar vs State Of Gujarat on 27 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/643/2024 ORDER DATED: 27/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 643 of 2024
With
R/CRIMINAL REVISION APPLICATION NO. 644 of 2024
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RAKESHBHAI BABULAL THAKKAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RASHMIN MAKWANA(3758) for the Applicant(s) No. 1
MR BRIJESH K RAMANUJ(9898) for the Respondent(s) No. 2
MR TRUPESH KATHIRIYA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 27/06/2024
COMMON ORAL ORDER
1. Draft amendments in both the matters are
allowed.
2. Heard learned Advocate Mr. Rashmin
Makwana for the applicant and learned advocate
Mr. Brijesh K.Ramanju for respondent no.2 -
original complainant in both the matters.
3. Rule. Learned APP waives service of
notice of Rule on behalf of respondent - State
and Mr. Brijesh K.Ramanju, learned advocate
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waives service of notice of Rule on behalf of
respondent no.2. By consent Rule is fixed
forthwith.
4. By way of these applications, the
applicant - revisionist challenges the judgments
of conviction and sentence dated 04.04.2022
passed by the learned Chief Judicial Magistrate,
Surendranagar in Criminal Case No.1174 of 2017
(impugned in Cr.R.A. No.643 of 2024) and in
Criminal Case No.1127 of 2017 (impugned in
Cr.R.A. No.644 of 2024), under Section 138 of the
Negotiable Instruments Act, 1881, which came to
be confirmed by order dated 01.04.2024 by the
learned 3rd Additional Sessions Judge,
Surendranagar in Criminal Appeal Nos.35 of 2022
and 36 of 2022 respectively.
5. Mr. Rashmin Makwana, learned advocate
for the applicant submitted that the dispute has
been settled between the parties. It is submitted
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that the applicant is in Rajkot Central Prison,
Gujarat suffering the sentence. Learned advocate
for the applicant has placed on record the
custody certificate of the Superintendent, Rajkot
Central Prison, Gujarat.
5.1 Advocate Mr. Makwana submitted that
during the pendency of the proceedings, parties
have settled the disputes amicably outside the
Court, and now there remains no grievance between
them. Advocate Mr. Brijesh K.Ramanju has produced
separate affidavits of the original complainant
in both the matters and concurred with the factum
of settlement, as canvassed by advocate Mr.
Rashmin Makwana.
6. Respondent no.2, Dilipbhai Kantilal
Chandarana - original complainant is present
before the Court and is identified by learned
advocate Mr. Brijesh K.Ramanju. The respondent
no.2 - original complainant submitted that he has
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received a cash amount of Rs.6,56,000/- in the
matter of Criminal Revision Application No.643 of
2024 and Rs.9,44,000/- in the matter of Criminal
Revision Application No.644 of 2024, and
submitted that rest of the amount is already
deposited before the appellate Court in the
of 2022.
6.1 Learned advocate Mr. Rashmin Makwana has
referred to the receipt issued by the Nazir of
the appellate Court, which shows that in Criminal
Appeal No.35 of 2022, Rs.1,64,000/- and in
Criminal Appeal No.36 of 2022, Rs.2,36,000/- have
been deposited. The receipt of rest of the cash
amounts have also been shown to this Court, and
thus, according to the complainant, he has
received the total amount of the cheque, and,
thus, requested the court to compound the
offence.
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7. Since the cheque amount has been
received by the original complainant and has
given his 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 legal heir of
original complainant, in consonance with the
object of the N.I. Act and the provisions under
Section 147 thereof, the matter is considered as
compounded.
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8. In aforesaid view of the matter, the
judgments and orders dated 04.04.2022 passed by
the learned Chief Judicial Magistrate,
Surendranagar in Criminal Case No.1174 of 2017
and Criminal Case No.1127 of 2017, which came to
be confirmed by order dated 01.04.2024 by the
learned 3rd Additional Sessions Judge,
Surendranagar in Criminal Appeal No.35 of 2022
and Criminal Appeal No.36 of 2022, are quashed
and set aside. The applicant stands acquitted and
be released from the jail forthwith.
9. It is, therefore, directed that the
amounts, which have been deposited in Criminal
Appeal No.35 of 2022 and in Criminal Appeal No.36
of 2022 be paid to the complainant on proper
verification of identity.
10. Accordingly, both the applications stand
disposed of in the above terms. Rule is made
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absolute to the aforesaid extent. Direct service
is permitted. Registry to communicate this order
to the concerned Court/authority by Fax or Email
forthwith.
11. Office to keep copy of this order in
Criminal Revision Application No.644 of 2024.
(GITA GOPI,J)
Pankaj
