Gujarat High Court
Hiteshkumar Mangaldas Soni vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/SCR.A/11170/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11170
of 2025
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HITESHKUMAR MANGALDAS SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DHIRAJ J DHARANI(3229) for the Applicant(s) No. 1
MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 12/08/2025
ORAL ORDER
Learned Advocate Mr. Aayush Bhandari, state that he has
instructions to appear on behalf of the original complainant, and thereby,
seeks permission to file vakalatnama. The Registry is directed to accept
the vakalatnama.
1) Rule. Learned Advocates waives service of rule for the respective
respondents.
2) By this petition under Article 227 of the Constitution of India, read
with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, the
petitioner has sought quashing of the judgment and order dated
21.04.2025, passed by the learned 2 nd Additional Senior Civil Judge
& ACJM, Palanpur, Banaskantha in Criminal Case No.3701 of 2024,
by which the petitioner has been convicted and ordered to undergo
simple imprisonment for a period of one year and to pay the
amount of Rs.2,85,000/- towards compensation to the complainant
and in default of payment of the said amount, the petitioner to
undergo further imprisonment for a period of six months and as the
NEUTRAL CITATION
R/SCR.A/11170/2025 ORDER DATED: 12/08/2025
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petitioner no.2 was not present when the judgment was
pronounced, the learned Magistrate issued Non-bailable warrant
against the petitioner.
3) 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 complainant, which has been
confirmed by the complainant by Affidavit dated 11.08.2025, which
is taken on record. The complainant do 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.
4) The petitioner also submits that the petitioner is willing to deposit
costs 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. The complainant in present in the
Court and affirms the factum of settlement as well as filing of
affidavit by him.
5) 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 / Section 528 of the BNSS, to record the settlement
arrived at between the parties, merely alternate remedy available is
not a ground to refuse to compromise as offence is bailable and
compoundable one.
6) Thus, taking into account the fact of settlement, the compounding
of the offence is hereby permitted.
7) As a result, the petition is allowed. The judgment and order dated
21.04.2025, passed by the learned 2 nd Additional Senior Civil Judge
NEUTRAL CITATION
R/SCR.A/11170/2025 ORDER DATED: 12/08/2025
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& ACJM, Palanpur, Banaskantha in Criminal Case No.3701 of 2024,
and warrant issued by it are hereby quashed and set aside. The
petitioners are acquitted of the offences under the provisions of the
Negotiable Instruments Act. The petitioner is directed to deposit
15% of the cheque amount i.e. Rs.42,750/- with the Gujarat
State Legal Services Authority within a period of one week from
the date of receipt of this order. Rule is made absolute to aforesaid
extent. Direct service permitted.
(HASMUKH D. SUTHAR,J)
ANKIT
