Kirtikumar Rameshbhai Rakholiya vs State Of Gujarat
2025 Latest Caselaw 146 Guj

Gujarat High Court

Kirtikumar Rameshbhai Rakholiya vs State Of Gujarat on 5 May, 2025

                                                                                                                  NEUTRAL CITATION




                             R/SCR.A/6498/2025                                     ORDER DATED: 05/05/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                                              6498 of 2025

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                                              KIRTIKUMAR RAMESHBHAI RAKHOLIYA
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR CHIRAG H PAREKH(5249) for the Applicant(s) No. 1
                       MR ROHAN SHAH, APP for the Respondent(s) No. 1
                       MR KT BELADIYA, for the Respondent No. 2
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                            CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                          Date : 05/05/2025

                                                             ORAL ORDER

1. Learned advocate Mr. K. T. Beladiya submits that he has got instructions to appear on behalf of respondent No.2 - original complainant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same.

2. By way of preferring present petition, the petitioner seeks to invoke extra-ordinary and inherent jurisdiction of this Court under Articles 226 and 227 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing and setting aside the judgment and order of conviction and sentence dated 30.05.2019 passed by learned Additional Chief Judicial Magistrate, Surat in Criminal

NEUTRAL CITATION

R/SCR.A/6498/2025 ORDER DATED: 05/05/2025

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Case No.1586 of 2017 as well as judgment and order dated 17.03.2025 passed by learned 12th Additional Sessions Judge, Surat in Criminal Appeal No.267 of 2019 and terminating all the proceedings arising thereunder qua the petitioner.

3. Rule. Learned advocates for the respective respondents waive service.

4. Learned advocate for the petitioner submits that total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - original complainant is present in the Court and identified by learned advocate Mr. Beladiya. The learned advocate for the respondent No. 2 - original complainant states that the complainant has received the total cheque amount and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the offence. The complainant also filed an affidavit to that effect, which is placed on record.

5. Now, since matter is settled between the parties and due amount is paid to respondent No.2 - complainant and in view of the fact that offence under the N.I Act is now made compoundable, it is to be encouraged. Considering the affidavit, it is clear that the compounding is genuine, and therefore, the judgment and order of conviction and sentence dated 30.05.2019 passed by learned Additional Chief Judicial

NEUTRAL CITATION

R/SCR.A/6498/2025 ORDER DATED: 05/05/2025

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Magistrate, Surat in Criminal Case No.1586 of 2017 as well as judgment and order dated 17.03.2025 passed by learned 12th Additional Sessions Judge, Surat in Criminal Appeal No.267 of 2019 are hereby quashed and set aside.

6. In view of sub-section (8) of Section 320 of the Code of Criminal Procedure, 1973, the petitioner is acquitted of the charge leveled against him.

7. Since the compounding between the parties is arrived at this stage before this Court, a cost in required to be imposed on the petitioner in view of the decision of the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal reported in AIR 2010 SC 1907. As per the said decision, the petitioner is required to deposit 15% of the cheque amount. However, in view of para 17 of the said judgment, a discretion is granted to the competent Court to reduce the amount of cost or waive the same on specific facts and circumstances of a case.

8. Learned advocate of the petitioner has tendered an undertaking of the petitioner wherein he has shown his willingness to deposit 15% of the cheque amount as cost.

9. Accordingly, the present petition is allowed subject to deposit of 15% of the cheque amount with the Gujarat State Legal Services Authority within a

NEUTRAL CITATION

R/SCR.A/6498/2025 ORDER DATED: 05/05/2025

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period of two weeks from today. Rule is made absolute to the aforesaid extent. Direct service permitted.

(DIVYESH A. JOSHI,J) LAVKUMAR J JANI