Gujarat High Court
Sanjaybhai Maganbhai Thakor vs State Of Gujarat on 28 April, 2025
NEUTRAL CITATION
R/SCR.A/5981/2025 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5981 of 2025
(FOR CONSENT QUASHING)
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SANJAYBHAI MAGANBHAI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR H M SHAH(3997) for the Applicant(s) No. 1
MR ROHAN SHAH APP for the Respondent(s) No. 1
MR KUNAL S SHAH for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 28/04/2025
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 14.12.2021 passed by the
learned Judicial Magistrate First Class, Umreth in
Criminal Case No.603/2021, which has been
confirmed by the learned 5th Additional Sessions
Judge, Anand while passing an order dated
NEUTRAL CITATION
R/SCR.A/5981/2025 ORDER DATED: 28/04/2025
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17.01.2023 in Criminal Appeal No.57/2022, by which
the petitioner has been convicted and ordered to
undergo imprisonment as mentioned therein and as
the petitioner was not present when the judgment
was pronounced, learned Judicial Magistrate,
Umreth issued Non-bailable warrant under Section
70 of the Cr.P.C. against the petitioner.
4. Heard learned advocate, Mr. H.M. Shah for the
applicant, learned APP Mr. Rohan Shah for
respondent no.1 and learned advocate, Mr. Kunal
Shah 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. Shah
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 at Page No.44. 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
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R/SCR.A/5981/2025 ORDER DATED: 28/04/2025
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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
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.
NEUTRAL CITATION
R/SCR.A/5981/2025 ORDER DATED: 28/04/2025
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9. As a result, the present petition is allowed. The
judgment order passed by the Court below i.e. the
judgement and order dated 14.12.2021 passed by the
learned Judicial Magistrate First Class, Umreth
in Criminal Case No.603/2021 and the judgment and
order dated 17.01.2023 passed by the learned 5 th
Additional Sessions Judge, Anand in Criminal
Appeal No.57/2022 are hereby quashed and set
aside. The petitioner is acquitted of the offences
under the provisions of the Negotiable Instruments
Act, therefore, he is ordered to be set at
liberty, if not required in any other offence. The
petitioner is directed to deposit 15% 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
