Dipesh Babulal Soni vs State Of Gujarat
2025 Latest Caselaw 217 Guj

Gujarat High Court

Dipesh Babulal Soni vs State Of Gujarat on 6 May, 2025

                                                                                                              NEUTRAL CITATION




                             R/SCR.A/6315/2025                                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.
                                                 6315 of 2025
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                                                          DIPESH BABULAL SONI
                                                                 Versus
                                                        STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR KAMLESH P VAIDANKAR(10135) for the Applicant(s) No. 1
                       NILU K VAIDANKAR(8382) for the Applicant(s) No. 1
                       MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
                                       Date : 06/05/2025
                                         ORAL ORDER

1. Learned advocate Ms. S.V. Thakkar submits that she has got instructions to appear on behalf of respondent No.2 - original complainant. She is permitted to file her 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 482 of the Code of Criminal Procedure, 1973, for quashing and setting aside the judgment and order of conviction and sentence dated 25.06.2019 passed by learned 3rd Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.4168 of 2016 and judgment dated 29.11.2023 passed by the learned Sessions Court, Rajkot in Criminal Appeal No.184 of 2019 and terminating all the proceedings arising thereunder qua the petitioner.

NEUTRAL CITATION

R/SCR.A/6315/2025 ORDER DATED: 06/05/2025

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

4. Learned advocate Mr. Kamlesh P. Vaidankar for the petitioner states that total cheque amount has been paid to the complainant and the complainant has no grievance now. Respondent No. 2 - original complainant is present before the Court and is identified by learned advocate Ms. S.V. Thakkar. 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 25.06.2019 passed by learned 3 rd Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.4168 of 2016 and judgment dated 29.11.2023 passed by the learned Sessions Court, Rajkot in Criminal Appeal No.184 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.

NEUTRAL CITATION

R/SCR.A/6315/2025 ORDER DATED: 06/05/2025

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7. Since the compounding between the parties is arrived at this stage before this Court, the petitioner is required to be imposed cost 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. Considering the reasons given by learned advocate for the petitioner, I deem it fit to impose 15% of the cheque amount as cost. Learned advocate has produced an undertaking filed by the petitioner, wherein, the petitioner undertakes to deposit 15% of the cheque amount towards cost. The undertaking filed by the petitioner is ordered to be taken on record.

The petitioner is directed to deposit 15% of the cheque amount towards cost before the Gujarat State Legal Services Authority within a period of two weeks from the date of order.

9. Accordingly, the present petition is allowed. Rule is made absolute to the aforesaid extent. Direct service permitted.

(DIVYESH A. JOSHI,J) A. B. VAGHELA