Gujarat High Court
Sureshji Dharsinhji Thakor vs Jigneshkumar Rajendraprasad Legal ... on 16 April, 2025
NEUTRAL CITATION
R/SCR.A/5177/2025 ORDER DATED: 16/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5177 of 2025
(FOR CONSENT QUASHING)
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SURESHJI DHARSINHJI THAKOR
Versus
JIGNESHKUMAR RAJENDRAPRASAD LEGAL OFFICER OF
CHOLAMANDLAM INVESTMENT AND FINANCE CO. & ANR.
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Appearance:
MR KT BELADIYA(9101) for the Applicant(s) No. 1
MR TRUPESH KARITHIYA APP for the Respondent(s) No. 2
MR SR RATHOD for the Respondent No.1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 16/04/2025
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 Article 227 of the
Constitution of India, read with Section 528 of
the Code of Bhartiya Nagarik Suraksha Sanhita,
2023, the petitioner has sought quashing of the
judgment and order dated 04.03.2025 passed by
learned Additional Sessions Judge, Mehsana in
Criminal Appeal No.66/2025 and the judgment and
order dated 02.01.2025 passed by the learned 6 th
Additional Judicial Magistrate First Class,
Mehsana in Criminal Case No.334/2023, by which the
petitioner has been convicted.
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R/SCR.A/5177/2025 ORDER DATED: 16/04/2025
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4. Heard learned advocate, Mr. K.T. Beladiya for the
applicant, learned APP Mr. Trupesh Kathiriya for
respondent no.1 and learned advocate, Mr. S.R.
Rathod 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, Mr.
Rathod 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 affidavit before this Court, 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 as the amount has
already been received by him. 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
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
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R/SCR.A/5177/2025 ORDER DATED: 16/04/2025
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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 detailed affidavit, which has been
on record of the matter. 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.
9. As a result, the present petition is allowed. The
judgment and order dated 04.03.2025 passed by
learned Additional Sessions Judge, Mehsana in
Criminal Appeal No.66/2025 and the judgment and
order dated 02.01.2025 passed by the learned 6 th
Additional Judicial Magistrate First Class,
Mehsana in Criminal Case No.334/2023 are hereby
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R/SCR.A/5177/2025 ORDER DATED: 16/04/2025
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quashed and set aside. The petitioner is acquitted
of the offences under the provisions of the
Negotiable Instruments Act. As the petitioner is
in jail, he is set at liberty forthwith, if not
required in any other offence. 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 today.
(DIVYESH A. JOSHI, J.)
Gautam
