Gujarat High Court
M/S.Cast And Blowers Co.(Guj.) ... vs State Of Gujarat on 15 July, 2025
NEUTRAL CITATION
R/SCR.A/3205/2025 ORDER DATED: 15/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING)
NO. 3205 of 2025
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M/S.CAST AND BLOWERS CO.(GUJ.) PVT.LTD. THROUGH DINESH
NATHABHAI PATEL(PEDHADIYA) & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1,2
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/07/2025
ORAL ORDER
Learned Advocate Ms.Yukta Jain with Mr. Jitendra T. Jain, state that
they have instructions to appear on behalf of the original complainant,
and thereby, seeks permission to file vakalatnama, which is granted.
[1] Rule. Learned Advocates waives service of rule for the respective
respondents.
[2] By this application under Article 226 of the Constitution of India, read
with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, the
petitioners have sought quashing of the judgment and order dated
03.09.2024, passed by the learned 33 rd Additional Chief Judicial
Magistrate, Special Negotiable Instruments Act Court, Ahmedabad in
Criminal Case No.61341 of 2021, by which the petitioner no.2 has been
convicted and ordered to undergo simple imprisonment for a period of one
year and to pay the amount of Rs.6,61,722/- towards compensation to
the complainant and in default of payment of the said amount, the
petitioners to undergo further simple imprisonment for a period of three
NEUTRAL CITATION
R/SCR.A/3205/2025 ORDER DATED: 15/07/2025
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months and as the petitioner no.2 was not present when the judgment
was pronounced, the learned Magistrate issued Non-bailable warrant
under Section 70 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. The complainant in present in the Court and affirms the
factum of settlement as well as filing of affidavit by him which is produced
at Annexure - B.
[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, to record the
settlement arrived at between 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.
[7] As a result, the petition is allowed. The judgment and order dated
03.09.2024, passed by the learned 33 rd Additional Chief Judicial
NEUTRAL CITATION
R/SCR.A/3205/2025 ORDER DATED: 15/07/2025
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Magistrate, Special Negotiable Instruments Act Court, Ahmedabad in
Criminal Case No.61341 of 2021, 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 petitioners are
directed to deposit 15% of the cheque amount 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 JANSARI
