Back
2022 Supreme(Guj) 528
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
B.N. KARIA, J.
Sunvaliya Kaushikbhai Rameshchandra - Applicant
Versus
Amitkumar Vipulbhai Solanki - Respondent
R/Criminal Revision Application No. 466 of 2022
Decided On : 05-05-2022
For the Applicant : Mr. Jagdhish Satapara.
For the Respondents: Mr. Harshad R. Jadav, Mr. Jitendra D. Patel, Mr. Hardik Soni, APP.
Compounding of offences under Section 138 of the Negotiable Instruments Act should not be denied when the parties have settled the matter.
Headnote:
Compounding of Offence - Negotiable Instruments Act - Section 138 - Summary: The court allowed the revision application and permitted the parties to compound the offence under Section 138 of the Negotiable Instruments Act. The court quashed and set aside the order of conviction and acquitted the accused based on the settlement arrived at between the parties and the affidavit filed by the complainant accepting the settlement amount.
Fact of the Case:
The complainant filed a criminal complaint against the applicant under Section 138 of the Negotiable Instruments Act. The trial court convicted the applicant, and the appellate court confirmed the sentence. However, the complainant and the applicant settled the matter amicably, and the complainant accepted the settlement amount. The complainant filed an affidavit stating the same.
Finding of the Court:
The court found that the dispute was settled between the parties, and the complainant accepted the settlement amount. Considering the settlement and the affidavit filed by the complainant, the court allowed the revision application, quashed the conviction order, and acquitted the accused.
Issues: The main issue was whether the court should allow the compounding of the offence under Section 138 of the Negotiable Instruments Act based on the settlement between the parties.
Ratio Decidendi: The court applied the principle that compounding of offences under Section 138 should not be denied, especially when the parties have settled the matter. The court also considered the affidavit filed by the complainant accepting the settlement amount.
Final Decision: The court allowed the revision application, quashed the conviction order, and acquitted the accused under Section 138 of the Negotiable Instruments Act.
ORDER :
1. Rule. Learned advocate Mr. Jitendra D. Patel, waives service of notice of rule for and on behalf of respondent No.1 and learned APP waives service of notice of rule for and on behalf of respondent no.2-State.
2. By preferring this application under Section 401 read with Section 397 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the order dated 31.03.2022 passed below Exh.08 in Criminal Appeal No.10 of 2021 by the learned 2nd Additional Sessions Judge, Viramgam convicting the present revisionist and further prayed to quash and set aside the order of the learned Judicial Magistrate First Class, Negotiable Instruments Act, at Viramgam dated 28.07.2021 passed below Exh.29 in Criminal Case No.1387 of 2018.
3. Heard learned advocates for the respective parties and learned APP for the respondent-State.
4. Joint submissions made made by learned advocates for the respective parties that the dispute of amount is amicably settled between the parties. Learned advocate for the respondent no.1 submits that the respondent no.1 – original complainant himself is present before this Court and he may be permitted to appear before this Court. It is submitted that the dispute is settled between the parties and the respondent no.1-original complainant has received the full amount of the cheque i.e. Rs.9 lakhs issued by the present applicant in three different complaints. Considering the request made by learned advocate for the respondent no.1, respondent no.1 was permitted to appear before the Court. He submits that his name is Amitkumar Vipulkumar Solanki. As per his statement, he has filed the criminal complaint against the present applicant under Section 138 of the N.I. Act which was culminated into Criminal Case No.1387 of 2018 before the learned Judicial Magistrate First Class, at Viramgam. It is further submitted that against the order of conviction passed by the Trial Court, Criminal Appeal No.10/2021 was preferred by the present applicant before the Sessions Court, Viramnagar and the order of Trial Court was confirmed by the Appellate Court. It is submitted that now compromise is arrived with the present applicant voluntarily and he has accepted the amount of cheque i.e. total amount of Rs.9 lakhs in three different complaints. He has further submitted that he has filed his affidavit under his signature dated 05.05.2022. Learned advocate for the respondent no.2 identified the respondent no.1 as Amitkumar Vipulkumar Solanki, who is present before the Court. He also confirms the contents of the affidavit filed by the respondent no.1 as well as his signature.
5. In the affidavit filed by Amitkumar Vipulbhai Solanki-respondent no.1, he has stated as under :
“1. I have gone through the application filed by the applicant and I say and submit that the petitioner and his family has settled the said matter and the petitioner here in has already paid settlement amount Rs.3,00,000/- in cash dated on 10.04.2022 and remaining amount Rs.6,00,000/- is also paid in cash to me dated 04.05.2022.
2. It is submitted that the petitioner here in is convicted under Sec. 138 of N.I. Act in Criminal Case No.1388/2018 before the court of the Ld. Judicial Magistrate first class court Negotiable Instruments Act, at Viramgam and the appellant of Criminal Appeal No.11/2021 before the Court of the Ld. 2nd Additional Sessions Judge, Viramgam. It is also submitted that Ld. 2nd Add. Sessions Judge has confirmed the sentence given by the trial court.
3. I say that due to interference and persuading by our relatives, I have decided to compromise with the applicant and therefore I have compromised with the petitioner, and neither I have been threatened nor enticed by any person including the accused for compromise.
And therefore, I have no objection if this Hon’ble Court may set aside the conviction the judgment and order of the conviction dated 31/03/2022 passed in Criminal Appeal No.11 of 2021 by the 2nd Additional Sessions Court,
