Hemantkumar Natwarlal Jariwala vs State Of Gujarat

Gujarat High Court

Hemantkumar Natwarlal Jariwala vs State Of Gujarat on 4 August, 2025

                                                                                                            NEUTRAL CITATION




                           R/CR.RA/1245/2025                                  ORDER DATED: 04/08/2025

                                                                                                             undefined




                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                 NEGOTIABLE INSTRUMENT ACT) NO. 1245 of 2025

                      ==========================================================
                                          HEMANTKUMAR NATWARLAL JARIWALA
                                                       Versus
                                              STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR DIPESH D SONI(9996) for the Applicant(s) No. 1
                      MR. NIRAJ SHARMA APP for the respondent(s) no. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 04/08/2025

                                                            ORAL ORDER

1. Rule. Learned APP waives service on behalf of the Respondent - State.

2. Learned advocate Mr.Yashpal Bhamardiwala stated that he has instructions to appear on behalf of the Respondent No.2 - Original Complainant and seeks permission to file Vakalatnama. Registry to accept the Vakalatnama.

3. It is submitted that the present applicant is in judicial custody and the present matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant. The original complainant is present before the Court and from the verification, he confirmed that he has already received the amount of the cheque and he has no objection, if conviction is set aside which is also stated by the learned advocate for the applicant.

NEUTRAL CITATION R/CR.RA/1245/2025 ORDER DATED: 04/08/2025 undefined Further, he submitted that settlement has arrived at between the parties and Rs.90,000/- which has been deposited by the present applicant before the learned District Court is to be paid to the original complainant. Further, in support of the contention, the original complainant has filed his affidavit on record and he also confirmed his signature. 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 passed by the learned 11 th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Surat in Criminal Case No.71325 of 2022 dated 03.10.2023, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to 1 year simple imprisonment as well as the judgment passed by the learned 2 nd Additional Sessions Judge, Surat in Criminal Appeal No.769 of 2023 dated 23.07.2025, 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. The amount of Rs.90,000/- deposited to the present applicant - original accused before the learned District Court, Surat is to be paid to the present respondent no.2 - original complainant by the Registry of the concerned District Court after due verification.

NEUTRAL CITATION R/CR.RA/1245/2025 ORDER DATED: 04/08/2025 undefined

4. Considering the facts and circumstances of the case and considering the judgment of the Hon'ble Apex Court in the case of Damodar S.Prabhu vs Sayed Babalal H. reported in AIR 2010 SC (1907), the applicant has to pay Rs.10,000/- before the Gujarat State Legal Service Authority within a period of 3 weeks.

5. The present application is disposed of accordingly.

6. Rule is made absolute. Direct Service is permitted.

(L. S. PIRZADA, J) JCP Page 3 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Aug 05 2025 Downloaded on : Tue Aug 05 22:33:11 IST 2025