Gujarat High Court
Narsinh Rukhsinh Rathod vs State Of Gujarat on 9 April, 2025
NEUTRAL CITATION
R/CR.MA/6754/2025 ORDER DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 6754 of 2025
(FOR CONSENT QUASHING)
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NARSINH RUKHSINH RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS DHRUTI C SHAH(12232) for the Applicant(s) No. 1
MR ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 09/04/2025
ORAL ORDER
1. With the consent of learned advocates appearing
for the parties, present application is taken up
for final disposal today.
2. Rule. Learned advocates appearing for the
respective parties waive service of notice of
rule.
3. By this application under under Section 528 of the
Code of Bhartiya Nagarik Suraksha Sanhita, 2023,
the petitioner has sought quashing of the judgment
and order dated 12.01.2024 passed by the learned
Judicial Magistrate Court, Dehgam in Criminal Case
No.437/2020, by which the petitioner has been
convicted and ordered to undergo simple
imprisonment as ordered and as the petitioner was
not present when the judgment was pronounced,
NEUTRAL CITATION
R/CR.MA/6754/2025 ORDER DATED: 09/04/2025
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learned Judicial Magistrate issued Non-bailable
warrant under Section 70 of the Cr.P.C. against
the petitioner.
4. Heard learned advocate, Ms. D.C. Shah for the
applicant, learned APP Mr. Rohan Shah for
respondent no.1 and learned advocate, Ms. Alka
Patel for respondent no.2, who is permitted to
file his Vakalatnama in the Registry. I have also
heard the respondent no.2 - complainant, who is
present before this Court. Learned advocate, Ms.
Patel identifies respondent no.2 and confirms
correctness and genuineness of the affidavit filed
by him.
5. When the matter is called out, learned advocates
appearing for the parties have submitted that now
the dispute is amicably settled between the
parties and, therefore, the respondent no.2 has
filed an agreement of settlement, copy of which is
placed on record. Upon making inquiry, the
respondent no.2, who is present before this Court,
has stated that he has settled the dispute with
the present applicant and, therefore, if the
impugned judgment and order of conviction is
quashed, he has no objection. Learned advocate
submitted that the petitioner is ready and willing
to deposit cost as directed by the Supreme Court
in case of Damodar S. Prabhu Vs. Sayed Babalal H.,
reported in (2010) 5 SCC 633, with the Legal
NEUTRAL CITATION
R/CR.MA/6754/2025 ORDER DATED: 09/04/2025
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Service Authority.
6. In view of the rival submissions canvassed by
learned advocates for the parties and having gone
through the material available on record, it
appears that the settlement has been arrived at
between the complainant and present petitioner and
the entire cheque amount has been paid to the
respondent No.2, which has been confirmed by the
complainant by an agreement of settlement. The
complainant does not wish to proceed further and
is willing to compound the offence. Accordingly,
the petitioner by filing this petition, seeks
compounding of the offence under Section 147 of
the Negotiable Instruments Act.
7. In case of Kripalsingh Pratapsingh Vs. Salvinder
Kaur Hardisingh Lohana, reported in (2004) 2 GLH
544, the Coordinate Bench of this Court after
considering various decisions of the Apex Court,
took a view that it would be permissible for the
High Court in exercise of its inherent powers
under Section 482 of the Code, to record the
settlement arrived at between the parties and
acquit the accused of the charges.
8. Thus, taking into account the fact of settlement,
the compounding of the offence is hereby
permitted.
NEUTRAL CITATION
R/CR.MA/6754/2025 ORDER DATED: 09/04/2025
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9. As a result, the present petition is allowed. The
judgment order passed by the Court below i.e. the
judgment and order dated 12.01.2024 passed by the
learned Judicial Magistrate Court, Dehgam in
Criminal Case No.437/2020 and warrant issued by
the Trial Court are hereby quashed and set aside.
The petitioner is acquitted of the offences under
the provisions of the Negotiable Instruments Act.
The petitioner is directed to deposit 10% of the
cheque amount with the Gujarat State Legal Service
Authority within a period of four weeks from the
date of receipt of this order.
10. Rule is made absolute to the aforesaid extent.
Direct service permitted.
Sd/-
(DIVYESH A. JOSHI, J.)
Gautam
