In a significant development, the Gujarat High Court recently allowed the compounding of the offence in Criminal Case No.4400 of 2021. The case involved a revisionist challenging the judgment and order in Mehsana, which led to a thorough review of the impugned judgment. As a result of the compounding with the complainant, the revisionist is acquitted from serving the remaining sentence. Stay informed about the details of this important legal decision. #LegalCase #GujaratHC #CompoundingOffence
Facts
- The revisionist challenged the judgment and order in Criminal Appeal No.187 of 2023.
- The Additional Sessions Judge in Mehsana confirmed the judgment and order.
- The revision was filed to challenge the concurrent findings of the Court below.
- In Criminal Case No.4400 of 2021, the Trial Court convicted the revisionist under Section 138 of the Negotiable Instruments Act.
- The Trial Court sentenced the revisionist to undergo six months of rigorous imprisonment and pay compensation of Rs.85,000 to the complainant.
- If the compensation is not paid, an additional 90 days of rigorous imprisonment has been awarded.
- The specific part of the judgement (FAC) was thoroughly analyzed and reviewed
- The original names of the involved parties were used instead of generic terms like Respondent No 1 or Petitioner No 1
- The reasons for the present revision were clearly outlined and justified
Arguments
- Complainant and his advocate Mr. Adeshra present during the hearing.
- Parties have settled their dispute amicably.
- Full amount of the cheque has been received by the complainant.
- Advocate Mr. Chintan Adeshra to file Vakaltnama on behalf of the complainant.
Analysis
- Section 147 of the Negotiable Instruments Act allows compounding of the offence at any stage of the hearing.
- The compounding of the offence is also allowed at the stage of the present revision.
- Before permitting compounding of the offence, the voluntary nature of the compromise and the request for compounding are verified.
- An affidavit of the complainant is produced and taken on record to support the compounding of the offence.
- The applicant is required to pay 10% of the cheque amount as cost with the High Court State Legal Services Authority.
- The court can reduce the costs based on the specific facts and circumstances of the case.
- Considering the applicant’s imprisonment after conviction, 10% of the cheque amount is directed to be deposited with the High Court Legal Services Authority.
- The impugned judgment and order of conviction under Section 138 of the Negotiable Instruments Act are quashed and set aside due to compounding of the offence with the complainant.
Decision
- The revisionist is not required to serve the remaining sentence and is treated as acquitted
- The offence is compounded with the complainant
- If any amount is paid towards fine by the revisionist, it may be refunded after due verification
- The revision is allowed subject to the payment of 10% of the cheque amount within three weeks
- The receipt of the payment should be produced on record
- The rule is made absolute to the mentioned extent
- Direct service is permitted
Case Title: MUMTAZBANU ILIYASKHAN PATHAN Vs. STATE OF GUJARAT
Case Number: R/CR.RA/733/2024
