Gujarat High Court
Dheer International Pvt. Ltd. (Deleted ... vs Mehulbhai Kantibhai Khambholiya on 24 April, 2025
NEUTRAL CITATION
R/CR.RA/62/2023 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 62 of 2023
With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 3 of 2023
In R/CRIMINAL REVISION APPLICATION NO. 62 of 2023
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DHEER INTERNATIONAL PVT. LTD. (Deleted as per the order dated
01.07.2023 passed in IA 2 OF 2023) & ANR.
Versus
MEHULBHAI KANTIBHAI KHAMBHOLIYA & ANR.
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Appearance:
MR EKANT G AHUJA(5323) for the Applicant(s) No. 1,2
MR KUNAL S SHAH(5282) for the Respondent(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/04/2025
ORAL ORDER
[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
[3.0] By way of this application under Section 397 (section 438 of BNSS) read with Section 401 (section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has Page 1 of 4 Uploaded by KUMAR ALOK(HC01091) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:03:31 IST 2025 NEUTRAL CITATION R/CR.RA/62/2023 ORDER DATED: 24/04/2025 undefined prayed for quashing and setting aside the order dated 26.09.2019 passed by the learned 7th Additional Chief Judicial Magistrate, Surat in Criminal Case No.31794 of 2016, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of 1 year and also directed to pay cheque amount i.e. an amount of Rs.30,00,000/- with 9% interest p.a., to the original complainant as compensation. The said order was assailed before the learned6th Additional District and Sessions Judge, Surat by way of impugned Judgment and order of sentence dated 23.06.2022 in Criminal Appeal No.476 of 2019. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.
[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.
[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application may be rejected.
[6.0] Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for original complainant also relied upon the Page 2 of 4 Uploaded by KUMAR ALOK(HC01091) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:03:31 IST 2025 NEUTRAL CITATION R/CR.RA/62/2023 ORDER DATED: 24/04/2025 undefined affidavit filed by Mr. Mehulbhai Kantibhai Khamboliya who is also personally present in person before the Court and is identified by learned advocate for the original complainant. The affidavit sworn by the original complainant is taken on record. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicant and the original complainant is resolved and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
[7.0] At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter and in this regard, affidavit of original complainant has been placed, which is taken on record. The contents of the affidavit is also admitted by the original complainant. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.
[8.0] Considering the fact that the dispute is settled between the parties and the applicant has paid the cheque amount to the complainant and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated stage before this Court, in view of the decision rendered in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled with cost.
Page 3 of 4 Uploaded by KUMAR ALOK(HC01091) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:03:31 IST 2025 NEUTRAL CITATION R/CR.RA/62/2023 ORDER DATED: 24/04/2025 undefined [9.0] Resultantly, this revision application is allowed. The
order dated 26.09.2019 passed by the learned 7 th Additional Chief Judicial Magistrate, Surat in Criminal Case No.31794 of 2016 as well as the judgment and order of sentence dated 23.06.2022 passed in Criminal Appeal No.476 of 2019 by the learned 6th Additional District and Sessions Judge, Surat are hereby quashed and set aside with respect to the applicant, subject to deposit of 15% of the amount of cheque i.e. Rs.4,50,000/- out of the total cheque amount of Rs.30,00,000/- before the Gujarat State Legal Services Authority.
[10.0] On compliance of the said order, if the applicant is behind the bar, he shall be released subject to deposit of aforesaid amount of cost, if his presence is no longer required in any other criminal offence.
[11.0] The present application is allowed qua applicant. Rule is made absolute. Direct service is permitted.
In view of the disposal of the main matter, Criminal Misc.Application (for stay) No. 3 of 2023 stands disposed of.
(HASMUKH D. SUTHAR,J) KUMAR ALOK Page 4 of 4 Uploaded by KUMAR ALOK(HC01091) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 01:03:31 IST 2025