Gujarat High Court
Sanjaybhai Karsanbhai Gabani vs State Of Gujarat on 9 September, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/1369/2024 ORDER DATED: 09/09/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1369 of 2024
With
R/CRIMINAL REVISION APPLICATION NO. 1370 of 2024
With
R/CRIMINAL REVISION APPLICATION NO. 1371 of 2024
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SANJAYBHAI KARSANBHAI GABANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RAHUL R DHOLAKIA(6765) for the Applicant(s) No. 1
MR ZAKI M. SHEIKH(14458) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
MR ANIQ KADRI for the Respondent(s) No.2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 09/09/2024
COMMON ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of Rule on behalf of the respondent - State
and learned Advocate Mr. Aniq Kadri waives service
of Rule on behalf of the respondent no.2.
2. By way of these applications, challenge is given to
the concurrent findings of conviction and sentence
under Section 138 of the Negotiable Instruments Act,
1881 (hereinafter referred to in short as 'the N.I.
Act').
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R/CR.RA/1369/2024 ORDER DATED: 09/09/2024
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3. Learned Advocate for the applicant/s Mr. Rahul R.
Dholakia submitted that during the pendency of the
proceedings, the parties have settled the disputes
and that there remains no grievance between them.
4. The respondent No.2 - Sohanlal Kantilal Jain @
Kothari - the original complainant is present before
the Court and is identified by learned advocate Mr.
Aniq Kadri. Learned Advocate Mr. Aniq Kadri seeks
permission to file his Vakalatnama. Registry to accept
the same.
5. Learned Advocate for the respondent no.2-original
complainant states that the complainant has received
an amount of Rs.44,00,000/- and the complainant
does not want to pursue the matter now in view of
amicable settlement and has given consent for
compounding the offence. The complainant also filed
an affidavit to that effect.
5. Since an amount of Rs.44,00,000/- has been received
by the complainant and the complainant has given
NEUTRAL CITATION
R/CR.RA/1369/2024 ORDER DATED: 09/09/2024
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consent for compounding the offence, keeping in
mind the object of Section 147 of the N.I. 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 of the N.I. Act, 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 amount of Rs.44,00,000/- has been
paid to the complainant, in consonance with the
object of the NI Act and the provisions under Section
147 thereof, the matters are considered as
compounded.
6. In aforesaid view of the matter, the judgment and
order dated 25.08.2023 passed by the learned Special
Judge, N.I. Act Court, Surat in Criminal Case
Nos.38643 of 2018, 38491 of 2018 and 38647 of
2018, upheld and confirmed on 26.02.2024 by the
NEUTRAL CITATION
R/CR.RA/1369/2024 ORDER DATED: 09/09/2024
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learned 9th Additional District Judge, Surat in
Criminal Appeal Nos.702 of 2023, 703 of 2023 and
701 of 2023 are quashed and set aside. The
applicant/s stands acquitted and the applicant/s be
released from jail qua the above three matters.
7. Accordingly, the present applications stand disposed
of in the above terms. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
