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CDJ 2026 GHC 107
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| Court : High Court Of Gujarat At Ahmedabad |
| Case No : R/Criminal Revision Application (Against Conviction - Negotiable Instrument Act) No. 884 Of 2026 |
| Judges: THE HONOURABLE MS. JUSTICE GITA GOPI |
| Parties : Hiren Lilabhai Bhadarka Versus Arvindbhai Dayabhai Vaghela & Another |
| Appearing Advocates : For the Applicant: Ravi L. Garchar(16000), Advocate. For the Respondents: Bhargav Pandya, APP. |
| Date of Judgment : 27-03-2026 |
| Head Note :- |
NI Act - Section 147 -
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| Summary :- |
Statutes / Acts / Rules Mentioned:
- Section 138 of the N.I. Act
- Section 147 of the NI Act
- sub‑section (1) of Section 320 of the Code of Criminal Procedure, 1973
- Code of Criminal Procedure, 1973
Catch Words:
Compounding, Section 138, NI Act, settlement, acquittal, quash, petition
Summary:
The court granted permission for Mr. Yogesh A. Ratanpara to file a vakalatnama on behalf of the original complainant. The applicant‑accused, previously convicted under Section 138 of the NI Act and whose conviction was upheld on appeal, submitted that the dispute was amicably settled with a payment of Rs. 75,760 deposited before the Nazir of the Sessions Court. The complainant affirmed receipt of the full amount via an affidavit. Considering the consent for compounding under Section 147 of the NI Act and the overriding effect of Section 320(1) of the CrPC, the court held the matter compounded. Consequently, the earlier conviction and sentence were quashed, the applicant was acquitted, and the deposited amount was ordered to be released to the complainant. The application was allowed.
Conclusion:
Petition Allowed |
| Judgment :- |
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Oral Order
1. Learned advocate Mr. Yogesh A.Ratanpara seeks permission to file vakalatnma on behalf of respondent No.1 - original complainant. Permission is granted. Office to accept vakalatnama of Mr. Ratanpara.
2. RULE. Learned advocates waive service of Rule on behalf of the respective respondents.
3. The applicant-accused had been convicted by the Additional Chief Judicial Magistrate, Keshod on 28.01.2020 in Criminal Case No.923 of 2014 for the offence under Section 138 of the N.I. Act, which was upheld and confirmed on 18.10.2022 by the learned Additional Sessions Judge, Keshod in Criminal Appeal No.11 of 2020.
4. Learned advocate for the applicant submitted that the parties have settled the disputes amicably outside the Court and that there remains no grievance between them. It is submitted that as per settlement the amount of Rs.75,760/- has been deposited by the applicant before the Nazir of the Sessions Court.
5. Original complainant - Arbindbhai Dayabhai Vaghela is present before this Court along with learned advocate Mr. Yogesh A.Ratanpara, who has placed on record the affidavit filed by the respondent No.1 - original complainant and stated that the amount, as agreed between the parties has already been paid. The same is taken on record. Respondent No.1 - original complainant has affirmed the contents of the affidavit and stated that total amount has been received.
6. Since the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 of the Code of Criminal Procedure, 1973 as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the entire amount has been paid to the complainant, in consonance with the object of the N.I. Act and the provisions under Section 147 thereof, the matter is considered as compounded.
7. In aforesaid view of the matter, the judgment and order of conviction and sentence dated 28.01.2020 passed by the learned Additional Chief Judicial Magistrate, Keshod in Criminal Case No.923 of 2014 for the offence punishable under Section 138 of the NI Act, as affirmed on 18.10.2022 by the learned Additional Sessions Judge, Keshod in Criminal Appeal No.11 of 2020, are quashed and set aside. The applicant stands acquitted.
8. The amount of Rs.75,760/- deposited before the Nazir of the Additional District and Sessions Court, Keshod be paid to the complainant - Arbindbhai Dayabhai Vaghela on proper verification of identity.
9. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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