Gujarat High Court
Darshanbhai Bharatbhai Nathavani vs State Of Gujarat on 21 April, 2025
NEUTRAL CITATION
R/CR.MA/7762/2025 ORDER DATED: 21/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
7762 of 2025
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DARSHANBHAI BHARATBHAI NATHAVANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS DEVANSHI N KAKKAD(11411) for the Applicant(s) No. 1
MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 21/04/2025
ORAL ORDER
1. Draft amendment is allowed. To be carried out
forthwith.
2. Learned advocate Mr. Mohitsinh A. Jadeja 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.
3. By way of preferring present application, the
applicant seeks to invoke inherent jurisdiction of this
Court under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 for quashing and setting aside
the judgment and order of conviction and sentence dated
15.02.2025 passed by learned Additional Judicial
Magistrate First Class, Bardoli, Surat in Criminal Case
NEUTRAL CITATION
R/CR.MA/7762/2025 ORDER DATED: 21/04/2025
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No.981 of 2021 and terminating all the proceedings
arising thereunder qua the petitioner.
4. Rule. Learned advocates for the respective
respondents waive service.
5. Learned advocate for the applicant 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 and identified
by learned advocate Mr. Mohitsinh A. Jadeja. The
learned advocate for the respondent No. 2 - original
complainant states that the complainant has received
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. Learned advocate for the
applicant further submits that applicant is behind the
bars and therefore he may be released forthwith.
6. 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
15.02.2025 passed by learned Additional Judicial
Magistrate First Class, Bardoli, Surat in Criminal Case
NEUTRAL CITATION
R/CR.MA/7762/2025 ORDER DATED: 21/04/2025
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No.981 of 2021, is hereby quashed and set aside.
7. 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.
8. 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.
9. Considering the reasons given by learned
advocate for the applicant, 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 applicant has tendered an undertaking of the
applicant wherein he has shown his willingness to
deposit 10% of the cheque amount.
10. Accordingly, the present application is allowed
subject to deposit of 10% of the cheque amount with
the High Court Legal Services Committee within a
period of two weeks from today. Rule is made absolute
NEUTRAL CITATION
R/CR.MA/7762/2025 ORDER DATED: 21/04/2025
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to the aforesaid extent. Direct service permitted
today.
11. The applicant is ordered to be released
forthwith if not required in any other offence.
(DIVYESH A. JOSHI,J)
LAVKUMAR J JANI
