Gujarat High Court
Hiren Developers Anjar vs State Of Gujarat on 10 February, 2025
NEUTRAL CITATION
R/CR.RA/1614/2024 ORDER DATED: 10/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1614 of 2024
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HIREN DEVELOPERS ANJAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAPIL K ACHARYA(2650) for the Applicant(s) No. 1,2
MR PREMAL R JOSHI(1327) for the Applicant(s) No. 1,2
DHAIRYA J PATEL(10110) for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/02/2025
ORAL ORDER
1. Considering the issue involved in the present application and with
consent of the learned advocates appearing for the respective parties as
well as considering the fact that the dispute amongst the applicant and
original complainant has been resolved amicably, this application is taken up
for final disposal forthwith as alleged offence is bailable and compoundable.
2. By way of this application under Section 438 read with Section 442
of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short "BNSS") , the
applicant has prayed for quashing and setting aside the judgment and order
dated 21.07.2023 passed by the learned Chief Judicial Magistrate, Mehsana,
in Criminal Case No.3916/2018, whereby the Trial Court has been pleased to
hold the applicant guilty for the offence punishable under Section 138 of
N.I. Act and sentenced to undergo RI of one year and six months and also
directed to pay Rs.3,00,000/- towards compensation to the original
complainant, as well as order dated 14.10.2024 by which learned Sessions
Judge, Mehsana, dismissed Criminal Appeal No.407/2023 and confirmed the
judgment and order of conviction of learned trial Court. Hence, this Revision
Application is filed.
3. Learned advocate for the applicant has taken this Court through the
NEUTRAL CITATION
R/CR.RA/1614/2024 ORDER DATED: 10/02/2025
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factual matrix arising out of the present application. At the outset, it is
submitted that the parties have amicably resolved the issue and therefore,
any further continuance of the proceedings pursuant to the Criminal Case as
well as any further proceedings arising therefrom would create hardship to
the applicant. It is further submitted that in view of the fact that the dispute
is resolved, the trial would be futile and any further continuance of the
proceedings would amount to abuse of process of law.
4. Learned APP appearing for the State has opposed the present
application and submitted that considering the seriousness of the offence,
the complaint in question may not be quashed and the present application
may be rejected.
5. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The learned
advocate for original complainant also relied upon the affidavit filed by
original complainant, who is also present in person before this Court and is
identified by learned advocate for the original complainant. On inquiry
made by the Court, original complainant has declared before this Court that
the dispute between the applicant and the original complainant is resolved
and entire cheque amount has been paid by the applicant to the
complainant and therefore, now the grievance stands redressed. It is
therefore submitted that the original complainant has no objection if the
present application is allowed.
6. At the outset, learned advocates for the respective parties have
jointly submitted that matter is settled and now the original complainant
does not want to pursue the present litigation any further and in this
regard, affidavit of original complainant dated 06.02.2025 has been placed,
which is taken on record. The contents of the affidavit are also admitted by
the original complainant. Even complainant has remained present before
this Court and stated that he has no objection if the conviction recorded by
the learned Trial Court and confirmed by the Appellate Court is set aside.
NEUTRAL CITATION
R/CR.RA/1614/2024 ORDER DATED: 10/02/2025
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7. Considering the fact that the dispute is settled between the parties
and the applicant has paid the cheque amount i.e. Rs.2,00,000/- to the
complainant and said fact has been confirmed by the complainant as
offence is compoundable one at any stage under Section 147 of the NI Act.
But, as accused has settled the dispute at belated stage before this Court, in
view of the decision rendered in the case of Damodar S. Prabhu Vs. Sayed
Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled
with cost.
8. Resultantly, this revision application is allowed. The judgment and
order dated 21.07.2023 passed by the learned Chief Judicial Magistrate,
Mehsana, in Criminal Case No.3916/2018 as well as order dated 14.10.2024
passed by learned Sessions Judge, Mehsana, in Criminal Appeal
No.407/2023 are hereby quashed and set aside, subject to deposit
Rs.30,000/- (15% of the cheque amount) before the Gujarat State Legal
Services Authority.
9. Rule is made absolute accordingly to the aforesaid extent. Direct
service is permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
