Gujarat High Court
Shaileshkumar Natvarlal Panchal vs State Of Gujarat on 1 August, 2025
NEUTRAL CITATION
R/CR.RA/581/2025 ORDER DATED: 01/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 581 of 2025
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SHAILESHKUMAR NATVARLAL PANCHAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
MR H K PATEL, for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 01/08/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the Respondent - State.
2. Learned advocate Mr Shah stated that he has instructions to appear on behalf of the Respondent No. 2 - Original Complainant - Mr. Sharat Kumar Datta and seeks permission to file Vakalatnama. Registry to accept the Vakalatnama.
3. It is submitted that the present matter has been amicably settled between the parties. The original complainant is present before the Court and from the verification, he confirmed that the has already received the amount of the cheque amount and he has no objection, if conviction is set aside. Further, in support of his contention, the original Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:57:18 IST 2025 NEUTRAL CITATION R/CR.RA/581/2025 ORDER DATED: 01/08/2025 undefined complainant has filed his affidavit on record. Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881 with compoundable offence and the matter is amicably settled between the parties, the judgment and order passed by the learned 2nd Additional Chief Judicial Magistrate, Surat in Criminal Case No.56857 of 2019 dated 19.01.2022, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to 2 years rigorous imprisonment as well as the judgment passed by the 11 th Additional Sessions Judge, Surat in Criminal Appeal No.75 of 2022 dated 29.01.2025, rejecting the appeal and confirming the judgment of the learned Trial Court is hereby quashed and set aside. The present applicant accused is hereby acquitted from all the charges and his bail bond stands cancelled accordingly. The present applicant - accused is in judicial custody and be released on bail immediately from the jail, if is not required in any other offences.
4. Considering the facts and circumstances of the case, the applicant has to pay an amount of Rs.10,000/- before the Gujarat State Legal Service Authority within a period of 2 weeks. If any amount has been deposited by the present petitioner before the Court below, it shall be repaid to the present petitioner by the concerned registry after due verification.
Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:57:18 IST 2025NEUTRAL CITATION R/CR.RA/581/2025 ORDER DATED: 01/08/2025 undefined
5. The present application is disposed of accordingly.
6. Rule is made absolute.
Direct Service is permitted.
(L. S. PIRZADA, J) CDP Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Sat Aug 02 2025 Downloaded on : Mon Aug 04 21:57:18 IST 2025