R/SCR.A/9827/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9827 of 2025 ========================================================== PATEL CHIRAGKUMAR MAFATLAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. JIT P PATEL(6994) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 MR KARAN SHAH, ADVOCATE for respondent No.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER Learned advocate Mr. Karan Shah 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 petition under Articles 226/ 227 of the Constitution of India, read with Section 528 of BNSS, the petitioner has sought quashing of the judgment and order dated 16.12.2023, passed by the learned 2nd Additional Chief Judicial Magistrate, Lunavada, Dist. Mahisagar, in Criminal Case No. 1284 of 2022, by which the petitioner has been convicted and ordered to pay 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. [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 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 R/SCR.A/9827/2025 ORDER DATED: 16/07/2025 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 16.12.2023, passed by the learned 2nd Additional Chief Judicial Magistrate, Lunavada, Dist. Mahisagar, in Criminal Case No. 1284 of 2022 is 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 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 16/07/2025 14:49:55