In a recent judgment by the Gujarat High Court, Thakar Hasmukhbhai Baldevbhai stands acquitted in a case challenging the conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881. The matter was resolved with the original complainant opting for an amicable settlement, resulting in the compounding of the offense. This decision brings closure to the legal dispute, reflecting the spirit of justice and reconciliation. #LegalJustice #CompoundedOffense #NIAct
Arguments
- Original complainant has received the total cheque amount from the revisionist.
- Original complainant does not want to pursue the matter anymore due to an amicable settlement.
- Consent given for compounding the offense.
- Affidavit filed by the complainant to confirm the settlement.
- Verification of identity required for 20% amount deposited before the Sessions Court to be paid to the complainant.
- Object of Section 147 of the NI Act is to enable compounding of the offense with the consent of the aggrieved party.
- Specific provision under Section 147 gives overriding effect to sub-section (1) of Section 320 of CrPC.
- Case reference to Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907 for the observation on the interaction of Section 147 and Section 320 of CrPC.
- Mr. Niyant Bhimani, advocate for the original complainant, seeks permission to file vakalatnama on behalf of the original complainant.
- The matter has been settled between the parties.
- Thakar Hasmukhbhai Baldevbhai, the original complainant, is present before the Court.
- Thakar Hasmukhbhai Baldevbhai is identified by learned advocate Mr. Niyant Bhimani.
Decision
- Learned APP waives service of notice of Rule on behalf of the State.
- Mr. Niyant Bhimani, learned advocate waives service of notice of Rule on behalf of the appellant.
- The applicant challenges the judgment of conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.
- Applicant convicted and sentenced by Judicial Magistrate and later by Sessions Judge.
- Rule made absolute, applicant stands acquitted.
- Direct service permitted.
- Vakalatnama to be filed and accepted.
- Dispute resolved, entire amount paid to the complainant.
- Matter considered as compounded.
- Judgment and order of Trial Court and Appellate Court quashed and set aside.
Case Title: DEEPAKBHAI RANCHHODBHAI SUTHAR Vs. THAKAR HASMUKHBHAI BALDEVBHAI
Case Number: R/CR.RA/512/2024
