Gujarat High Court
Imtiyazbhai Bodubhai Mor vs State Of Gujarat on 18 September, 2025
NEUTRAL CITATION
R/SCR.A/12765/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12765 of 2025
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IMTIYAZBHAI BODUBHAI MOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1
MR JADEJA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 18/09/2025
ORAL ORDER
1) Learned advocate Mr. Pratik Thakkar 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.
2) Rule. Learned advocates waives service of rule for the respective
respondents.
3) By this application under Article 226 of the Constitution of India, read
with Section 528 of the BNSS, the petitioner has sought quashing of
the judgment and order dated 05.08.2024, passed by the learned
Additional Chief Judicial Magistrate, Jetpur, in Criminal Case No.
935/2020, by which the petitioner has been convicted and ordered to
undergo simple imprisonment for a period of one year and to pay the
amount of 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. The
said order came to be confirmed by the learned Additional Sessions
Judge, Jetpur, vide order dated 31.07.2025 in Criminal Appeal
NEUTRAL CITATION
R/SCR.A/12765/2025 ORDER DATED: 18/09/2025
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No.26/2024.
4) 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 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 compound the
offence. Accordingly, the petitioner by filing this petition, seeks
compounding of the offence under Section 147 of the Negotiable
Instruments Act.
5) 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.
6) 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.
7) Thus, taking into account the fact of settlement, the compounding of
the offence is hereby permitted.
8) As a result, the petition is ALLOWED. The judgment and order dated
05.08.2024, passed by the learned Additional Chief Judicial
Magistrate, Jetpur, in Criminal Case No. 935/2020 as well as order
NEUTRAL CITATION
R/SCR.A/12765/2025 ORDER DATED: 18/09/2025
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dated 31.07.2025 passed by learned Additional Sessions Judge,
Jetpur, in Criminal Appeal No.26/2024 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 Rs.33,000/- (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.
9) If the petitioner is in jail, the jail authority concerned is directed to
release the petitioner forthwith, if not required in connection with
any other case. Rule is made absolute to aforesaid extent. Direct
service permitted.
(HASMUKH D. SUTHAR,J)
SUCHIT
