In a landmark judgment, the Gujarat High Court has quashed the impugned orders following a settlement between the parties involved. The respondent, represented by learned advocate Mr. A.N. Pathan, received Rs. 4,50,000 as part of the settlement and the remaining amount is to be paid through property transfer. The complainant has consented to the quashment of the impugned orders, marking a significant resolution in the case. Stay updated for more insights on the legal proceedings.
Facts
- The complainant does not wish to continue with further proceedings as the dispute has been settled amicably.
- Consent given for quashment of impugned orders.
- An amount of Rs. 4,50,000/- has been received by the complainant.
- Remaining amount to be paid by transferring property in complainant’s name after release.
- Complainant has given consent for compounding the offence.
- Section 147 of the NI Act provides for compounding of offences with the consent of the aggrieved party.
- Section 147 gives overriding effect to Section 320 CrPC.
- Payment received in cash and property transfer assured within four weeks of release.
Arguments
- Learned advocate Mr. A.N.Pathan submits affidavit of Respondent No.2 confirming settlement between parties.
- Respondent No.2 received Rs.4,50,000 and rest to be paid through property transfer.
- Complainant has no objection to present application being allowed.
Analysis
- Supreme Court framed guidelines for paying cost before Legal Services Authorities for unduly delayed payment.
- Cost is to be paid by appellant for delay in depositing decretal amount during appeal proceedings.
- Appellant to deposit 10% of the decretal amount as cost before Legal Services Authorities.
- If payment not made, appeal is liable to be dismissed with costs.
- Guidelines aimed at curbing delay tactics in legal proceedings.
Decision
- The dispute has been resolved and considered as compounded in accordance with the object of the N.I. Act and Section 147 thereof.
- The applicant will pay Rs.25,000/- as cost within four weeks before the Legal Services Authority, High Court of Gujarat.
- The rule is made absolute based on the statements made by the learned advocate and the affidavit of the complainant confirming settlement.
- The judgment and order of conviction and sentence under Section 138 of the NI Act are quashed and set aside upon payment of the cost.
- The applicant is acquitted and to be released forthwith.
- Direct service is permitted for communication of the decision.
Case Title: HAMID JUSAB SUMRA Vs. STATE OF GUJARAT
Case Number: R/CR.RA/715/2024
