Gujarat High Court
Karansingh Makhansinh Chauhan ... vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/CR.RA/899/2025 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 899 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 899 of 2025
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KARANSINGH MAKHANSINH CHAUHAN DIRECTOR OF INFRA
TOLLYWAY PVT. LTD.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 07/08/2025
ORAL ORDER
1) Rule. Learned APP waives service on behalf of the Respondent - State.
2) When the matter is called out, learned advocate Mr. Wasim M. Pathan stated that he has instructions to appear on behalf of the Respondent No. 2 - Original Complainant. It is submitted that the present matter has been amicably settled between the parties and the cheque amount has already been received. Further, it is submitted that the original complainant has filed his Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:33:19 IST 2025 NEUTRAL CITATION R/CR.RA/899/2025 ORDER DATED: 07/08/2025 undefined affidavit on record and also confirmed the fact that the cheque payment has already been paid and he has no objection, if conviction passed by the learned Trial Court is set aside.
3) Learned advocate for the applicant submitted that the learned Trial Court has convicted the present applicant under Section 138 of the Negotiable Instruments Act, 1881 and thereafter, the appeal has not been preferred by the present applicant before the learned District Court. However, directly, he has filed his revision application before this Hon'ble Court and submitted that the matter has been amicably settled between the parties. Further, he has put reliance upon the order passed by the Co-ordinate Bench of this Court that in the revision application, the order of the learned Trial Court can be challenged if it has been amicably settled between the parties.
4) 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 Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:33:19 IST 2025 NEUTRAL CITATION R/CR.RA/899/2025 ORDER DATED: 07/08/2025 undefined judgment passed by the learned Judicial Magistrate, First Class, Matar in Criminal Case No.196 of 2022 dated 29.04.2025, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the present applicant to 2 years simple imprisonment is hereby quashed and set aside. The present applicant - original accused is hereby acquitted from all the charges and his bail bond stands cancelled accordingly.
5) 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 5% of the cheque amount before the Gujarat State Legal Service Authority within a period of 3 weeks.
6) The present Criminal Misc. Application is disposed of accordingly.
7) 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 Fri Aug 08 2025 Downloaded on : Sat Aug 09 00:33:19 IST 2025