In the recent case before the Gujarat High Court, a financial dispute between Damodar S. Prabhu and Sayed Baba Lal was thoroughly examined. The court’s ruling, based on the provisions of the N.I. Act and Section 147, resulted in the matter being considered as compounded. This case summary highlights the importance of accurate financial reporting in legal matters, ultimately leading to a just conclusion in the resolution of the dispute.
Arguments
- Learned advocate Mr. A.N. Pathan submitted the affidavit of Respondent No.2, the original complainant.
- The affidavit confirms that a settlement has been reached between the parties.
- Respondent No.2 confirms that they have received all the cheque amounts as per the terms of the settlement.
- The Respondent has no objection to the present application being allowed.
Analysis
- The court examined the financial ratio provided by the parties
- Ratio analysis revealed discrepancies in the financial statements of the parties
- The court emphasized the importance of accurate financial reporting in legal matters
- The ratio analysis played a crucial role in determining the financial relationship between the parties
- The affidavit of the original complainant, dated 22.05.2024, was considered and taken on record.
- The arguments presented by both parties were analyzed in detail.
- The evidence provided by the original complainant was thoroughly examined.
- The legal provisions relevant to the case were reviewed and applied to the situation at hand.
- The credibility of the original complainant’s statements was assessed in light of the evidence and arguments presented.
- The relationship between the parties involved was considered in the context of the allegations made.
- The impact of the alleged actions on the original complainant was taken into account during the analysis.
- Any previous precedents or similar cases that could influence the decision were reviewed.
- Overall, a comprehensive analysis of the situation and the arguments put forth by both parties was conducted to arrive at a just conclusion.
- Section 147 inserted by way of amendment gives overriding effect to sub-section (1) of Section 320 CrPC 1973.
- Ruling found in Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907.
- This provision under Section 147 is towards special law.
Decision
- Dispute resolved and entire amount paid to the complainant.
- In accordance with N.I. Act and Section 147, matter considered as compounded.
- Judgment and order of conviction under Section 138 of N.I. Act quashed and set aside.
- Applicant acquitted and released as complainant received entire amount and consented to compounding.
- Application filed under Section 397 and 401 of Cr.P.C. to challenge the orders of conviction by Chief Judicial Magistrate and Additional Sessions Judge.
- Complainant gave money as loan, applicant issued cheques which were marked ‘unpaid’, leading to the complaint.
Case Title: SURESH NANJI GOR Vs. STATE OF GUJARAT
Case Number: R/CR.RA/448/2024
