R/SCR.A/9729/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 9729 of 2025 ============================================== AMIRBHAI YARIFBHAI VAHORA Versus STATE OF GUJARAT & ANR. ============================================== Appearance: MR J A JAMBUKIYA(13953) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER Learned advocate Mr. A. A. Kazi, 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. [1] Rule. Learned Advocates waives service of rule for the respective respondents. [2] By this application under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, the petitioner has sought quashing of the judgment and order dated 20.07.2024, passed by the learned 2nd Additional Judicial Magistrate First Class, Anand, in Criminal Case No.868 of 2024, by which the petitioner has been convicted and ordered to undergo simple imprisonment for a period of two years and to pay the amount of Rs.6,60,000/- towards compensation to the complainant and in default of payment of the said amount, the petitioner R/SCR.A/9729/2025 ORDER DATED: 16/07/2025 to undergo further simple imprisonment for a period of three months and as the petitioner no.2 was not present when the judgment was pronounced, the learned Magistrate issued Non-bailable warrant under Section 70 of the Cr.P.C. 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 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. [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 which is produced at Annexure – B. [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 R/SCR.A/9729/2025 ORDER DATED: 16/07/2025 20.07.2024, passed by the learned 2nd Additional Judicial Magistrate First Class, Anand, in Criminal Case No.868 of 2024, and warrant issued by it are hereby quashed and set aside. The petitioners are acquitted of the offences under the provisions of the Negotiable Instruments Act. The petitioners are directed to deposit 15% of the cheque amount (i.e. 99,000/-) 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) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 16/07/2025 18:26:22