Gujarat High Court
Rajeshbhai Navinbhai Solanki vs State Of Gujarat on 15 April, 2025
NEUTRAL CITATION
R/SCR.A/5375/2025 ORDER DATED: 15/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5375 of
2025
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RAJESHBHAI NAVINBHAI SOLANKI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DIPESH D SONI(9996) for the Applicant(s) No. 1,2
MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 15/04/2025
ORAL ORDER
1. Learned advocate Mr. Alay S. Sheth 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 24.06.2022 passed by learned 5th
Additional Chief Judicial Magistrate, Surat in Criminal
Case No.47401 of 2018 and terminating all the
proceedings arising thereunder qua the petitioners.
3. Rule. Learned advocates for the respective
respondents waive service.
NEUTRAL CITATION
R/SCR.A/5375/2025 ORDER DATED: 15/04/2025
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4. Learned advocate for the petitioners 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 in the Court
and identified by learned advocate Mr. Sheth. 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
24.06.2022 passed by learned 5th Additional Chief
Judicial Magistrate, Surat in Criminal Case No.47401 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 petitioners
are acquitted of the charge leveled against them.
7. Since the compounding between the parties is
arrived at this stage before this Court, a cost in
required to be imposed on the petitioners in view of
NEUTRAL CITATION
R/SCR.A/5375/2025 ORDER DATED: 15/04/2025
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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 petitioners, 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 petitioners has tendered an undertaking of the
petitioners wherein the petitioners have shown their
willingness to deposit 10% of the cheque amount
within a period of three days.
9. Accordingly, the present petition is allowed
subject to deposit of 10% of the cheque amount with
the High Court Legal Services Committee within a
period of three days from today. Rule is made
absolute to the aforesaid extent. Direct service
permitted.
(DIVYESH A. JOSHI,J)
LAVKUMAR J JANI
