Gujarat High Court
Varshaben Chiragbhai Thakor vs State Of Gujarat on 9 April, 2025
NEUTRAL CITATION
R/SCR.A/17075/2024 ORDER DATED: 09/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
17075 of 2024
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VARSHABEN CHIRAGBHAI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MOHD. SHAHRUKH M SAIYAD (11014) for the Applicant(s)
No. 1
MS JYOTI BHATT, 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. Learned advocate Mr. A. R. Saiyed 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
petitioners seek to invoke extra-ordinary and
inherent jurisdiction of this Court under Articles
226 and 227 of the Constitution read with Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023, for
quashing and setting aside the judgment and order of
conviction and sentence dated 08.11.2024 passed by
learned 5th Additional Chief Judicial Magistrate,
Anand in Criminal Case No.7547 of 2023 and
NEUTRAL CITATION
R/SCR.A/17075/2024 ORDER DATED: 09/04/2025
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terminating all the proceedings arising thereunder
qua the petitioner.
3. Rule. Learned advocates for the respective
respondents waive service.
4. Learned advocate for the petitioner submits that
total cheque amount has been paid to the complainant
and the complainant has no grievance now. Respondent
No. 2 - original complainant is present through
virtual mode and is identified by learned advocate
Mr. A. R. Saiyed. The learned advocate for the
respondent No. 2 - original complainant submits 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
08.11.2024 passed by learned 5th Additional Chief
Judicial Magistrate, Anand in Criminal Case No.7547
NEUTRAL CITATION
R/SCR.A/17075/2024 ORDER DATED: 09/04/2025
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of 2023 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.
7. Since the compounding between the parties is
arrived at this stage before this Court, a cost in
required to be imposed on the petitioner 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 of
the petitioner has tendered an undertaking of the
petitioner wherein she has shown her willingness to
deposit 10% of the cheque amount as cost.
9. Accordingly, the present petition is allowed
subject to deposit of 10% of the cheque amount with
the Gujarat State Legal Services Authority, High
Court of Gujarat within a period of 4 weeks from
NEUTRAL CITATION
R/SCR.A/17075/2024 ORDER DATED: 09/04/2025
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today. Rule is made absolute to the aforesaid extent.
Direct service permitted.
(DIVYESH A. JOSHI,J)
LAVKUMAR J JANI
