Gujarat High Court
Prakashchandra Agrawal vs State Of Gujarat & on 26 April, 2013
Author: R.D.Kothari
Bench: R.D.Kothari
PRAKASHCHANDRA AGRAWAL....Applicant(s)V/SSTATE OF GUJARAT R/CR.MA/4551/2008 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL MISC.APPLICATION NO. 4551 of 2008 ================================================================ PRAKASHCHANDRA AGRAWAL....Applicant(s) Versus STATE OF GUJARAT & 1....Respondent(s) ================================================================ Appearance: MR HRIDAY BUCH, ADVOCATE for the Applicant(s) No. 1 MR KM PARIKH, ADVOCATE for the Respondent(s) No. 2 MR NJ SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM: HONOURABLE MR.JUSTICE R.D.KOTHARI Date : 26/04/2013 ORAL ORDER
1. The respondent No.2 original complainant has filed a complaint against the applicant herein for offence under Sections 402, 420, 506(2) of the IPC. The complaint was filed before the Court of Metropolitan Magistrate, Ahmedabad which was registered as Criminal Case No.3775 of 2002.
2. Shortly stated facts of the case are, thus :
2.1 The complainant is dealing in wholesale cotton business at Ahmedabad. It is the say of the complainant that he came into contact of applicant through one broker, namely, Hemraj Lodha and business relationship developed with the applicant. For sometime, there was smooth business transaction between the applicant and respondent No.2. It is the say of the complainant that over Rs.20 lacs were due from the applicant, that has led the complainant to file the present complaint. In the detail complaint, a reference is made to the alleged act of the complainant that would attract Section 506(2) of the IPC.
3. The applicant herein prays that above-referred Criminal Case No.3775 of 2002 pending in the Court of Metropolitan Magistrate, Ahmedabad be quashed and set aside.
Heard learned advocate Shri Hriday Buch for the applicant, learned APP Mr.N.J.Shah for respondent No.1 State and learned advocate Mr.K.M.Parikh for respondent No.2.
5. Learned advocate Shri Hriday Buch has submitted that essentially, the dispute between the parties is of civil nature and even prima facie Sections 406, 420 and 506(2) of IPC are not attracted. Shri Buch has also placed on record declaration of compromise arrived at between the parties. It was submitted that in pursuance to the said compromise entered into between the parties, the applicant has paid the amount due to the respondent No.2 as referred to in the said declaration. A copy of declaration of compromise is taken on record.
6. On the last date of hearing, when this compromise was sought to be placed on record, learned advocate Shri Parikh for respondent No.2 has requested for time to verify the contents of the compromise. Accordingly, the matter was adjourned.
6.1 Today, at the time of hearing learned advocate Shri Parikh for respondent No.2 submitted that he has tried to contact respondent No.2, however, he is not able to contact him. At the same time, considering the contents of the declaration of compromise, learned advocate Shri Parikh submitted that appropriate orders may be passed.
In declaration of compromise, in Para.4, it is stated thus :
4. That Shri Prakashchandra Agrawal has sent a Demand Draft No.387118 dated 20.5.2010 for the worth of Rs.3,11,000/- drawn on Bank of Baroda, Service Branch, Ahmedabad, in my favour for the full and final amount of the settlement, through his advocate Shri S.K.Gandhi, which is given to me today by Shri S.K.Gandhi, advocate. I accept the above demand draft as full and final settlement against the amount shown in Criminal Case No.3775 of 2002. I undertake that now as I have already received amount of Rs.3,11,000/- as full and final amount of settlement from Shri Prakashchandra Agrawal, no dues remain to be taken from him, and I will withdraw the above criminal complaint from the Metropolitan Magistrate Court No.15, Ahmedabad, and if necessary, I will give deposition for the same. I also undertake to remain present before the Hon ble Gujarat High Court for the quashing of the petition Criminal Misc. Application No.4551 of 2008 and give consent to quash the petition and if I will not remain present alongwith my advocate in Hon ble High Court of Gujarat, you can get order of quashing from the Hon ble Court .
In view of specific and clear assertion made in the declaration of compromise, the complaint is required to be quashed. In the circumstances of the case, the merits of the assertion is not required to be examined.
9. In view of the above, on hearing the learned advocates for the parties, the application is hereby allowed. Criminal Case No.3775 of 2002 pending before the Court of Metropolitan Magistrate, Ahmedabad is hereby quashed and set aside. Rule is made absolute.
(R.D.KOTHARI, J.) vipul Page 4 of 4