Gujarat High Court
Patel Chiragkumar Mafatlal vs State Of Gujarat on 16 July, 2025
NEUTRAL CITATION
R/SCR.A/9827/2025 ORDER DATED: 16/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9827 of 2025
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PATEL CHIRAGKUMAR MAFATLAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JIT P PATEL(6994) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
MR KARAN SHAH, ADVOCATE for respondent No.2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/07/2025
ORAL ORDER
Learned advocate Mr. Karan Shah states that he has instructions to
appear on behalf of the original complainant, and thereby, seeks permission
to file his Vakalatnama, which is granted. The original complainant is present
in the Court and is identified by his learned advocate.
[1] Rule. Learned advocates waives service of rule for the respective
respondents.
[2] By this petition under Articles 226/ 227 of the Constitution of India, read
with Section 528 of BNSS, the petitioner has sought quashing of the
judgment and order dated 16.12.2023, passed by the learned 2nd Additional
Chief Judicial Magistrate, Lunavada, Dist. Mahisagar, in Criminal Case No.
1284 of 2022, by which the petitioner has been convicted and ordered to
pay Rs. 2,20,000/- 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 six months.
[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 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
NEUTRAL CITATION
R/SCR.A/9827/2025 ORDER DATED: 16/07/2025
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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 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
16.12.2023, passed by the learned 2nd Additional Chief Judicial Magistrate,
Lunavada, Dist. Mahisagar, in Criminal Case No. 1284 of 2022 is 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 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)
SUCHIT
