Gujarat High Court
Ankit Rameshbhai Ravat vs State Of Gujarat on 13 May, 2022
Author: S.H.Vora
Bench: S.H.Vora
R/CR.MA/8801/2022 ORDER DATED: 13/05/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8801 of 2022
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ANKIT RAMESHBHAI RAVAT
Versus
STATE OF GUJARAT
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR YOGENDRA THAKORE for the Respondent(s) No. 2
MR HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE S.H.VORA
Date : 13/05/2022
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for the respondent - State and learned advocate Mr. Yogendra Thakore waives service of rule for respondent No.2 - original complainant.
2. When the matter is called out for hearing, respondent No.2 - original complainant Kartik Rajendrakumar Varatiya is present along with his advocate Mr. Yogendra Thakore. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No.2 - original complainant files an affidavit which is ordered to be taken on record.
3. After verifying voluntary character of the compromise, it is hereby declared that the compromise arrived at between the parties to this litigation out of the Court is accepted as genuine and the order of conviction and sentence dated 18.4.2022 passed by the learned 3 rd Addl. CJM, Ahmedabad Rural at Mirzapur in Criminal Case No.11499 of 2019 is hereby quashed and set aside as this Court intends to secure ends of justice as provided under Section 482 of the Code of Page 1 of 2 Downloaded on : Fri May 13 20:42:44 IST 2022 R/CR.MA/8801/2022 ORDER DATED: 13/05/2022 Criminal Procedure.
4. In view of this, the applicant shall not be under obligation to serve the remaining sentence and the applicant shall be treated as acquitted on account of compounding of offence with the complainant.
5. In light of the decision rendered by the Honble Apex Court in the case of Damodar S. Prabhu V/s. Sayed Babalal H. reported in AIR 2010 SC 1907, the applicant is required to pay 15% of the cheque amount by way of cost with the High Court State Legal Services Committee in accordance with the guidelines laid-down in the said decision. In para 17 of the said decision, the Honble Apex Court has also observed that the Court can reduce the costs with regard to the specific facts and circumstances of the case. In the instant case, looking to pandemic of convid 19, to meet the ends of justice, the applicant is directed to deposit 5% of the cheque amount with the High Court Legal Services Committee.
6. Accordingly, the present application stands allowed subject to payment of 5% of the cheque amount of Rs.1.5 lakh, which comes to Rs.7500/-, by the applicant with the High Court Legal Services Committee within one month from today. Rule is made absolute to the aforesaid extent. Direct service permitted.
(S.H.VORA, J) SHEKHAR P. BARVE Page 2 of 2 Downloaded on : Fri May 13 20:42:44 IST 2022