Gujarat High Court
Gangotri Pasu Aahar Through Maheshbhai ... vs State Of Gujarat on 1 April, 2025
NEUTRAL CITATION
R/CR.MA/3388/2025 ORDER DATED: 01/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 3388 of 2025
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GANGOTRI PASU AAHAR THROUGH MAHESHBHAI @ METHABHAI
VELJIBHAI @ VELABHAI CHAUDHARY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 01/04/2025
ORAL ORDER
1. Learned advocate Mr. Harshal S. Patel submits that he
has got instructions to appear on behalf of respondent No.2 -
original complainant. He is permitted to file his Vakalatnama in
the Registry. Registry to accept the same.
2. By way of preferring present petition, the petitioner seeks
to invoke extra-ordinary and inherent jurisdiction of this Court
under Articles 226 and 227 of the Constitution read with
Section 482 of the Code of Criminal Procedure, 1973, for
quashing and setting aside the judgment and order of
conviction and sentence dated 14.09.2022 passed by learned
Additional Chief Judicial Magistrate, Idar, Sabarkantha in
Criminal Case No.904 of 2018 and terminating all the
proceedings arising thereunder qua the petitioner.
NEUTRAL CITATION
R/CR.MA/3388/2025 ORDER DATED: 01/04/2025
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3. Rule. Learned advocates for the respective respondents
waive service.
4. Learned advocate Mr. Tushar Chaudhary for the
petitioner states that total cheque amount has been paid to
the complainant and the complainant has no grievance now.
Respondent No. 2 - original complainant is present before the
Court and is identified by learned advocate Mr. Harshal S.
Patel. The learned advocate for the respondent No. 2 - original
complainant states that the complainant has received the total
cheque amount 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, which is placed on record.
5. Now, since matter is settled between the parties and due
amount is paid to respondent No.2 - complainant and in view
of the fact that offence under the N.I Act is now made
compoundable, it is to be encouraged. Considering the
affidavit, it is clear that the compounding is genuine, and
therefore, the judgment and order of conviction and sentence
dated 14.09.2022 passed by learned Additional Chief Judicial
Magistrate, Idar, Sabarkantha in Criminal Case No.904 of 2018
is hereby quashed and set aside.
6. In view of sub-section (8) of Section 320 of the Code of
Criminal Procedure, 1973, the petitioner is acquitted of the
charge leveled against him.
NEUTRAL CITATION
R/CR.MA/3388/2025 ORDER DATED: 01/04/2025
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7. Since the compounding between the parties is arrived at
this stage before this Court, the petitioner is required to be
imposed cost in view of the decision of the Hon'ble Supreme
Court in the case of Damodar S. Prabhu Vs. Sayed Babalal
reported in AIR 2010 SC 1907. As per the said decision, the
petitioner is required to deposit 15% of the cheque amount.
However, in view of para 17 of the said judgment, a discretion
is granted to the competent Court to reduce the amount of
cost or waive the same on specific facts and circumstances of
a case.
8. Considering the reasons given by learned advocate for
the petitioner, instead of imposing 15% of the cheque amount
as cost, I deem it fit to impose 10% of the cheque amount as
cost. Learned advocate Mr. Tushar Chaudhary for the
petitioner is directed to deposit 10% of the cheque amount
before the Gujarat State Legal Services Authority within a
period of two weeks from the date of order.
9. Accordingly, the present petition is allowed. Rule is made
absolute to the aforesaid extent. Direct service permitted.
(DIVYESH A. JOSHI,J)
A. B. VAGHELA
