Gujarat High Court
Nikunjkumar Vinodbhai Parmar C/O. ... vs State Of Gujarat on 6 May, 2025
NEUTRAL CITATION
R/SCR.A/6669/2025 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
6669 of 2025
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NIKUNJKUMAR VINODBHAI PARMAR C/O. MADHUBEN VINODBHAI
PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD.ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 06/05/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the
parties, present application is taken up for final disposal
today.
2. Rule. Learned advocates appearing for the respective
parties waive service of notice of rule.
3. By this application under Article 227 of the Constitution of
India, read with Section 528 of the Code of Bhartiya Nagarik
Suraksha Sanhita, 2023, the petitioner has sought quashing
of the judgment and order dated 18.08.2023 passed by the
learned 2nd Additional Chief Judicial Magistrate, Anand in
Criminal Case No.5605/2022 as well as judgment and order
dated 19.04.2025 passed by learned 5 th Addl. Sessions
Judge, Anand in Criminal Appeal No.301 of 2023, by which
the petitioner has been convicted and ordered to undergo
simple imprisonment and as the petitioner was not present
NEUTRAL CITATION
R/SCR.A/6669/2025 ORDER DATED: 06/05/2025
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when the judgment was pronounced, learned Sessions
Judge issued Non-bailable warrant against the petitioner.
4. Heard learned advocate, Mr. K.K. Nayi for the applicant,
learned APP Mr. Rohan Shah for respondent no.1 and
learned advocate, Mr. Janak Parmar for respondent no.2,
who is permitted to file his Vakalatnama in the Registry. I
have also heard the respondent no.2 - complainant, who is
personally present before this Court. Learned advocate, Mr.
Parmar identifies respondent no.2 and confirms correctness
and genuineness of the affidavit filed by him.
5. When the matter is called out, learned advocates appearing
for the parties have submitted that now the dispute is
amicably settled between the parties and, therefore, the
respondent no.2 has filed an affidavit before this Court,
copy of which is placed on record. Upon making inquiry, the
respondent no.2, who is present before this Court, has
stated that he has settled the dispute with the present
applicant and, therefore, if the impugned judgment and
order of conviction is quashed, he has no objection. Learned
advocate submitted that the petitioner is ready and willing
to deposit cost 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.
6. In view of the rival submissions canvassed by learned
advocates for the parties and having gone through the
material available on record, 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 No.2, which has been confirmed by the
NEUTRAL CITATION
R/SCR.A/6669/2025 ORDER DATED: 06/05/2025
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complainant by detailed affidavit, which has been on record
of the matter. The complainant does 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.
7. 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.
8. Thus, taking into account the fact of settlement, the
compounding of the offence is hereby permitted.
9. As a result, the present petition is allowed. The judgment
order passed by the Court below i.e. judgment and order
dated 18.08.2023 passed by the learned 2nd Additional
Chief Judicial Magistrate, Anand in Criminal Case
No.5605/2022 as well as judgment and order dated
19.04.2025 passed by learned 5th Addl. Sessions Judge,
Anand in Criminal Appeal No.301 of 2023 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 10% of the cheque
amount with the Gujarat State Legal Service Authority
within a period of four weeks from the date of receipt of this
order.
NEUTRAL CITATION
R/SCR.A/6669/2025 ORDER DATED: 06/05/2025
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10. Rule is made absolute to the aforesaid extent. Direct
service permitted.
(DIVYESH A. JOSHI,J)
VAHID
