Gujarat High Court
Mahesh K Prajapati vs State Of Gujarat on 25 July, 2025
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R/CR.MA/14957/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
14957 of 2025
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MAHESH K PRAJAPATI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MUNJAL V ACHARYA(10678) for the Applicant(s) No. 1,2
MR. TIRTHRAJ PANDYA ADDLPUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 25/07/2025
ORAL ORDER
1. Rule. Learned APP waives service of rule for the
respondent State. Learned advocate Ms. Sonal Bhavsar seeks
permission to file vakalatnama for the respondent No.2.
Permission is granted
2. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the Code"),
the petitioner has prayed to quash and set aside criminal case
No. CC/171/2023 qua the petitioner, pending before the Ld.
Chief Metropolitan Magistrate, N.I Act Surendranagar dated
9.1.2025 for the offences punishable under Section 138 of the
N.I Act.
3. It appears that in a criminal trial learned Chief Judicial
Magistrate, Surendranagar convicted the petitioner for the
offence punishable under Section 138 of the N.I Act and directed
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R/CR.MA/14957/2025 ORDER DATED: 25/07/2025
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him to undergo simple imprisonment of two years and also
directed to pay Rs. 13 lakhs to the complainant as a
compensation in lieu thereof the petitioner was directed to
undergo six months imprisonment. The complainant petitioner
reached to an amicable settlement with regard to the dispute
between them. The complainant has filed affidavit which is taken
on record.
3.1 The affidavit of the complainant is averred as under :
"(1) I filed the Case no. CC/171/2023 Registered with
Chief Judi. Megi. Court Surendrnagar. Dated on
09/01/2024. now it is amicably settled between us
and the accused and therefore, I do not want to
procede this complaint.
(2) I further state on oath and submit that after the
intervention of the elders of the society and other
known persons, the dispute
(3) between the present applicant and deponent herein
is sorted out and resolved and as such the matter is
now amicably
(4) settled between the parties, now there is no heart-
burning /dispute whatsoever in the said regard, the
undersigned has no objection if this Hon'ble Court
exercises discretion in favour of the present petitioner.
(5) I further say that there remains no grievance
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between the deponent and the present petitioners for
the alleged incident that has occurred and I no longer
wish to prosecute the petitioners any further for the
alleged incident and I voluntarily give my consent and
without any force or coercion on me for the Quashing of
the said Complaint/Case.
(6) I further say that the dispute of this offence is of
private nature and therefore, public at large is not
affected by the offence, therefore, I voluntarily give my
consent and without any force or coercion on me for the
quashing of the said complaint/case."
4. This Court has verified voluntary character of the
compromise arrived between the parties. In view of Section 147
of the N.I Act the criminal complaint filed under Section 132 of
the N.I Act can be compounded at any stage. Since the parties
have amicable settled the dispute whereby the complainant
received an amount of cheque, the impugned order of conviction
passed by the learned Chief Judicial Magistrate required to be
interfered with and further required to be quashed on the
ground of settlement arrived at between the parties.
5. In light of the decision rendered by the Honble Apex Court
in the case of Damodar S. Prabhu V/s. Sayed Babalal H.
reported in AIR 2010 SC 1907, the applicant is required to pay
15% of the cheque amount as a compounding charge, however,
in para 17 of the judgment the Apex Court has left the issue to
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R/CR.MA/14957/2025 ORDER DATED: 25/07/2025
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the discretion of the Court compounding the offence and
permitted the Court to reduce the amount of compounding
charge in specific facts and circumstances of the case.
6. In view of the this Court is of the opinion that Rs.
1,30,000/- being the 10% of the amount of the cheque is
required to be deposited as a compounding charge by the
petitioner. In the premise of the aforesaid reason the present
petition is allowed. The impugned judgment and order delivered
in Criminal Case No. CC/171/2023 qua the petitioner, pending
before the Ld. Chief Metropolitan Magistrate, N.I Act
Surendranagar and all the previous and subsequent proceeding
thereof are hereby quashed and set aside.
6.1 The petitioner is not required to undergo any remaining
sentence. The petitioner is required to be acquitted on account
of the compounding the offence with the complainant. The
compounding charge of Rs. 1,30,000/- shall be paid in Gujarat
State Legal Service Authority within four weeks from today by
the petitioner. The receipt thereof shall be placed on record.
6.2 Non-compliance of the order, if noticed, by the Registry the
matter shall be listed before this Court. The aforesaid order of
quashing and setting aside the judgment in Criminal case is
subject to payment of the compounding charge as directed
hereinabove.
7. If the applicant is in jail, the jail authority concerned is
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R/CR.MA/14957/2025 ORDER DATED: 25/07/2025
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directed to release the applicant forthwith, if not required in
connection with any other case.
8. Rule is made absolute to the aforesaid extent. Direct
service permitted.
(J. C. DOSHI,J)
MARY VADAKKANm
