NEUTRAL CITATION
R/CR.RA/362/2015 ORDER DATED: 13/10/2023
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 362 of 2015
==========================================================
ANILKUMAR RAMANLAL BARDOLIA
Versus
STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
MR JAYESH A DAVE(253) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
YASH P MOHTA(7423) for the Respondent(s) No. 2
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 13/10/2023
ORAL ORDER
1. Present Revision Application is filed challenging the judgments and orders passed by the learned 4 th Civil and Additional Chief Judicial Magistrate, Surat in Private Criminal Case No.19577 of 2010 dated 08.07.2014 and learned 10th Additional Sessions Judge, Surat dated 06.07.2015 in Criminal Appeal No.74 of 2014.
2. The fact of the case is that the complaint came to be filed under Section 138 of the Negotiable Instruments Act, 1881 ('the N.I.Act' hereinafter) being Private Criminal Case No.19577 of 2010 by the complainant against the present applicant, wherein the present applicant was convicted and ordered to undergo the simple imprisonment for 09 months and to pay the compensation of Rs.15,000/- to the complainant. Against Page 1 of 3 Downloaded on : Mon Oct 16 20:43:45 IST 2023 NEUTRAL CITATION R/CR.RA/362/2015 ORDER DATED: 13/10/2023 undefined the aforesaid order of the conviction, the appeal came to be preferred being Criminal Appeal No.74 of 2014, which was ultimately dismissed and order passed by the learned Judicial Magistrate (First Class) was confirmed. Being aggrieved by the aforesaid two orders, the present Revision Application was preferred wherein this Court by order dated 16.07.2015 had suspended the order of conviction and enlarged the present applicant on bail.
3. Learned advocate Mr.Dave submits that immediately after he was enlarged on bail, the settlement was arrived between the parties and the affidavit to that effect was filed by the complainant, which is the part of the compilation at page No.80. Learned advocate Mr.Dave further submits that in view of the settlement, the orders passed by both the Courts below are required to be quashed and revision is required to be allowed.
4. Learned advocate Mr.Yash Mohta for the complainant has not disputed the above aspect and submitted that if this Revision Application would be allowed, he would not have any objection.
Page 2 of 3 Downloaded on : Mon Oct 16 20:43:45 IST 2023
NEUTRAL CITATION R/CR.RA/362/2015 ORDER DATED: 13/10/2023 undefined
5. Considering the submissions advanced by the learned advocates for the respective parties, as the matter is settled between the parties and the complainant is received the amount, which is not disputed, this Court is of the view that the Revision Application is required to be allowed and judgments and orders passed by both the Courts below are required to be quashed and set aside.
6. Resultantly, this application is allowed. The Judgments and orders passed by the learned 4 th Civil and Additional Chief Judicial Magistrate, Surat in Private Criminal Case No.19577 of 2010 dated 08.07.2014 and learned 10 th Additional Sessions Judge, Surat dated 06.07.2015 in Criminal Appeal No.74 of 2014 are quashed and set aside. Bail bond shall stand cancelled.
7. It is clarified that Rs.15,000/- which was deposited as per the order passed by this Court dated 16.07.2015 be refunded back to the present applicant on due verification.
(M. K. THAKKER,J) M.M.MIRZA Page 3 of 3 Downloaded on : Mon Oct 16 20:43:45 IST 2023