Gujarat High Court
Dhruv Textile Thro Jigneshkumar ... vs State Of Gujarat on 18 September, 2025
NEUTRAL CITATION
R/SCR.A/10643/2025 ORDER DATED: 18/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT
QUASHING) NO. 10643 of 2025
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DHRUV TEXTILE THRO JIGNESHKUMAR BABULAL PATEL & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2
MR ADITYA 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
Learned Advocate Mr. Dip V. Amin, state that he has
instructions to appear on behalf of the original complainant, and
thereby, seeks permission to file vakalatnama. The Registry is
directed to accept the vakalatnama.
1) Rule. Learned Advocates waives service of rule for the respective
respondents.
2) By this petition under Articles 226 and 227 of the Constitution of
India, read with Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, the petitioners have sought quashing of the judgment and
order dated 18.03.2025, passed by the learned 12 th Additional Chief
Judicial Magistrate, Surat in Criminal Case No.21325 of 2021, by
which the petitioner no.2 has been convicted and ordered to
undergo simple imprisonment for a period of one year and to pay
the amount of Rs.1,47,366/- towards fine and in default of
payment of fine, the petitioner no.2 to undergo further simple
imprisonment for a period of six months and as the petitioner no.2
NEUTRAL CITATION
R/SCR.A/10643/2025 ORDER DATED: 18/09/2025
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was not present when the judgment was pronounced, the learned
Magistrate issued warrant against the petitioner no.2.
3) 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 Affidavit at Annexure - C. 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.
4) 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. The complainant in present in the
Court and affirms the factum of settlement as well as filing of
affidavit by him.
5) 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 / Section 528 of the BNSS, to record the settlement
arrived at between the parties, merely alternate remedy available is
not a ground to refuse to compromise as offence is bailable and
compoundable one.
6) Thus, taking into account the fact of settlement, the compounding
of the offence is hereby permitted.
7) As a result, the petition is allowed. The judgment and order dated
18.03.2025, passed by the learned 12 th Additional Chief Judicial
Magistrate, Surat in Criminal Case No.21325 of 2021, and warrant
NEUTRAL CITATION
R/SCR.A/10643/2025 ORDER DATED: 18/09/2025
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issued by it are hereby quashed and set aside. The petitioner no.2
is acquitted of the offences under the provisions of the Negotiable
Instruments Act. The petitioner no.2 is directed to deposit 15% of
the cheque amount (Rs.73,683/-) i.e. Rs.11,053/- with the
Gujarat State Legal Services Authority within a period of one week
from the date of receipt of this order. Rule is made absolute to
aforesaid extent. Direct service permitted. If the petitioner no.2 is
in jail, the jail authority concerned is directed to release him
forthwith, if not required in connection with any other case.
(HASMUKH D. SUTHAR,J)
ANKIT
