Dipesh Abhendrabhai Desai vs State Of Gujarat
2024 Latest Caselaw 3933 Guj

Gujarat High Court

Dipesh Abhendrabhai Desai vs State Of Gujarat on 1 May, 2024

                                                                                        NEUTRAL CITATION




     R/CR.RA/629/2024                                   ORDER DATED: 01/05/2024

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
          NEGOTIABLE INSTRUMENT ACT) NO. 629 of 2024

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                        DIPESH ABHENDRABHAI DESAI
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
MR ANIRUDH N SUCHAK(10768) for the Applicant(s) No. 1
MR ALAY SHETH for the Respondent(s) No. 2
MR HK PATEL, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                               Date : 01/05/2024

                                ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for the respondent - State and learned advocate Mr. Alay Sheth waives service of rule for respondent No.2 - original complainant.

2. When the matter is called out for hearing, respondent No.2

- original complainant is present through video conference along with his advocate Mr. Alay Sheth. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No.2 - original complainant filed an affidavit on record at Annexure C. As per the affidavit filed by the complainant, he has stated that he has received cheque and the amount covering the disputed cheque. He further submits that he has no objection if the accused is acquitted on the compounding of offence. The relevant para of

NEUTRAL CITATION

R/CR.RA/629/2024 ORDER DATED: 01/05/2024

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the affidavit reads as under:-

"That, I am the original complainant who lodged the complaint being Criminal Case No. 23243 of 2010 before the Ld. Chief Judicial Magistrate, Surat, against the present Applicant, under Section 138 of the Negotiable Instruments Act, and whereby, an order of conviction has been passed against the Applicant and which order has been confirmed by the Ld. Sessions Court in Criminal Appeal No. 583 of 2022 filed by the Applicant. I state that upon the intervention of the prominent and reputed members of the community and common friends, an amicable settlement has been arrived at between me and the present Petitioner and since the offence alleged against the Petitioner is personal in nature, not affecting any interest of the State Government, I accord my consent to this Hon'ble Court to quash and set aside the judgment and order dated 22/3 / 2024 passed by the Ld. 13 ^ \# Additional Sessions Judge, Surat, in Criminal Appeal No. 583 of 2022, upholding the sentence and order dated 5/8 / 2022 passed by the Ld. 5th Additional Chief Judicial Magistrate, Surat, in Criminal Case No. 23243 of 2010, and in turn, acquit the present Petitioner of the charge under Section 138 of the Negotiable Instruments Act. I have taken a conscious decision to accord my consent to the quashing and setting aside of the judgment and order dated 22/3 / 2024 passed by the Ld. 13th Additional Sessions Judge, Surat, in Criminal Appeal No. 583 of 2022 as well as the sentence dated 5/8 / 2022 passed by the Ld. 5th Additional Chief Judicial Magistrate, Surat, in Criminal Case No. 23243 of 2010."

3. After verifying voluntary character of the compromise, it is hereby declared that the compromise arrived at between the parties to this litigation out of the Court is accepted as genuine and the order of conviction and sentence passed by the learned courts below are hereby quashed and set aside as this Court intends to secure ends of justice as provided under Section 482 of the Code of Criminal Procedure.

NEUTRAL CITATION

R/CR.RA/629/2024 ORDER DATED: 01/05/2024

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4. In view of this, the applicant shall not be under obligation to serve the remaining sentence and the applicant shall be treated as acquitted on account of compounding of offence with the complainant.

5. In light of the decision rendered by the Honble Apex Court in the case of Damodar S. Prabhu V/s. Sayed Babalal H. reported in AIR 2010 SC 1907, the applicant is required to pay 15% of the cheque amount by way of cost with the High Court State Legal Services Committee in accordance with the guidelines laid-down in the said decision. In para 17 of the said decision, the Honble Apex Court has also observed that the Court can reduce the costs with regard to the specific facts and circumstances of the case. In the instant case, the applicant suffered imprisonment after conviction and to meet the ends of justice, the applicant is directed to deposit Rs.1,50,000/- with the State Legal Services Autority annexed with the High Court.

6. Accordingly, the present application stands allowed subject to payment of Rs.1,50,000/- by the applicant with the State Legal Services Authority annexed with the High Court within one month from today. Rule is made absolute to the aforesaid extent. Direct service permitted.

(J.C. DOSHI, J.) shekhar