Gujarat High Court
Kamlesh Laxmilal Bhukhia Prop. Of ... vs State Of Gujarat on 3 July, 2025
NEUTRAL CITATION
R/SCR.A/9175/2025 ORDER DATED: 03/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
9175 of 2025
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KAMLESH LAXMILAL BHUKHIA PROP. OF KAMLESH TRADING CO.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS SEJAL V THAKKAR(10541) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
MR KAMLESH VAIDANKAR, for the Respondent no.2.
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 03/07/2025
ORAL ORDER
[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
BNSS, the petitioner has sought quashing of the order
dated 04.01.2025 passed by the learned 14th Additional
Chief Judicial Magistrate, Court No.27, Ahmedabad
City, in Criminal Case No.19134/2019, 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.12,00,000/- towards compensation
to the complainant and in default of payment of the
said amount, the petitioner to undergo further simple
imprisonment for a period of three months and as the
NEUTRAL CITATION
R/SCR.A/9175/2025 ORDER DATED: 03/07/2025
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petitioner was not present when the judgment was
pronounced, the learned Magistrate issued Non-
bailable warrant under Section 418(2) of the Cr.P.C.
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 detailed affidavit, which is
produced on record separately, the same 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.
[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 528 of
the BNSS, to record the settlement arrived at between
NEUTRAL CITATION
R/SCR.A/9175/2025 ORDER DATED: 03/07/2025
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the parties and acquit the accused of the charges.
[6] Thus, taking into account the fact of settlement,
the compounding of the offence is hereby permitted.
The petitioner has preferred present petition
directly before this court, but as parties have
arrived at an amicable settlement and under Section
147 of the Act, at the admission stage also, offence
is compoundable.
[7] As a result, the petition is allowed. The order
dated order dated 04.01.2025 passed by the learned
14th Additional Chief Judicial Magistrate, Court
No.27, Ahmedabad City, in Criminal Case No.19134/2019
and the warrant issued by it are hereby quashed and
set aside. The petitioner is 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.1,80,000/-
(15 % of cheque amount of Rs.12,00,000/-) 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)
MOHMMEDSHAHID
