Satish Parshottambhai Dudhat vs State Of Gujarat
2025 Latest Caselaw 84 Guj

Gujarat High Court

Satish Parshottambhai Dudhat vs State Of Gujarat on 2 May, 2025

                                                                                                                     NEUTRAL CITATION




                            R/SCR.A/6332/2025                                       ORDER DATED: 02/05/2025

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                            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                             R/SPECIAL CRIMINAL APPLICATION NO. 6332 of 2025
                                          (FOR CONSENT QUASHING)

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                                    SATISH PARSHOTTAMBHAI DUDHAT
                                                Versus
                                       STATE OF GUJARAT & ANR.
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                      Appearance:
                      NIYANT R BHIMANI(8000) for the Applicant(s) No. 1
                      MS SHRUTI PATHAK APP for the Respondent(s) No. 1
                      MR JASH PATEL for the Respondent No.2
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                          CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI

                                                        Date : 02/05/2025
                                                              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 07.01.2025 passed by the learned 4th Additional Sessions Judge, Surat in Criminal Appeal No.248/2018 and the judgment and order dated 17.09.2018 passed by the learned 8th

NEUTRAL CITATION

R/SCR.A/6332/2025 ORDER DATED: 02/05/2025

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Additional Chief Judicial Magistrate, Surat in Criminal Case No.29148/2017, by which the petitioner has been convicted and ordered to undergo imprisonment as stated therein.

4. Heard learned advocate, Mr. Niyant Bhiman for the applicant, learned APP Ms. Shruti Pathak for respondent no.1 and learned advocate, Mr. Jash Patel 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 present before this Court. Learned advocate, Mr. Patel 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 at Page No.66. 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.

NEUTRAL CITATION

R/SCR.A/6332/2025 ORDER DATED: 02/05/2025

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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 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.

NEUTRAL CITATION

R/SCR.A/6332/2025 ORDER DATED: 02/05/2025

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9. As a result, the present petition is allowed. The judgment order passed by the Court below i.e. judgment and order dated 07.01.2025 passed by the learned 4th Additional Sessions Judge, Surat in Criminal Appeal No.248/2018 and the judgment and order dated 17.09.2018 passed by the learned 8 th Additional Chief Judicial Magistrate, Surat in Criminal Case No.29148/2017 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 20% 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.

10. Rule is made absolute to the aforesaid extent.

Direct service permitted.

(DIVYESH A. JOSHI, J.) Gautam