R/SCR.A/9396/2025 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9396 of 2025 ========================================================== PARAGBHAI JAGDISHBHAI CHAVDA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: DHRUV TOLIYA(9249) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/07/2025 ORAL ORDER [1] Learned counsel for the petitioner has tendered a draft amendment, which is allowed and to be carried out forthwith. Rule. Learned advocates waives service of rule for the respective respondents. [2] By this application under Article 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, the petitioner has prayed for quashing of the judgment and order dated 12.06.2025 passed by learned 6th Addl. Chief Judicial Magistrate, Rajkot, in Criminal Case No.7532/2023 and consequently, be pleased to quash and set aside non- bailable warrant issued against the petitioner and further be pleased to quash and set aside the order of conviction dated 15.02.2025 passed in Criminal Case No.7532/2023 passed by ld. 2nd Additional Chief Judicial Magistrate, Rajkot, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of one year and to pay the cheque amount 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 and as the petitioner was not present when the judgment was pronounced, the learned Magistrate issued Non-bailable warrant against the petitioner. [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 complainant, which has been confirmed by the complainant by R/SCR.A/9396/2025 ORDER DATED: 21/07/2025 detailed affidavit, which is produced on record separately, the same is taken on record. The complainant appears through virtual mode affirmed the factum of settlement and stated that, she 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. [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. [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, to record the settlement arrived at between the parties and acquit the accused of the charges. [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 12.06.2025 passed by learned 6th Addl. Chief Judicial Magistrate, Rajkot, in Criminal Case No.7532/2023 as well as order of conviction dated 15.02.2025 passed in Criminal Case No.7532/2023 passed by ld. 2nd Additional Chief Judicial Magistrate, Rajkot, and warrant issued against the petitioner are hereby quashed and set aside. The petitioner is acquitted for the offences under the provisions of the Negotiable Instruments Act. The petitioner is directed to deposit 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. Rule is made absolute to aforesaid extent. Direct service permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 23/07/2025 10:51:03