Gujarat High Court
Dharmesh Hasmukhbhai Abhani vs State Of Gujarat on 12 August, 2025
NEUTRAL CITATION
R/CR.RA/1123/2025 ORDER DATED: 12/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1123 of 2025
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DHARMESH HASMUKHBHAI ABHANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. ALVEERA S KACHARA(11935) for the Applicant(s) No. 1
MR. H K PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/08/2025
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of the Respondent - State.
2. Learned advocate Ms.Raksha Khated stated that she 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 matter has been amicably settled between the parties. The original complainant is present before the Court and when asked by the Court, he confirmed that he has no objection, if conviction Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:53:21 IST 2025 NEUTRAL CITATION R/CR.RA/1123/2025 ORDER DATED: 12/08/2025 undefined passed against the present applicant is set aside. Further, in support of his contention, the original complainant has filed his affidavit on record and 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 15 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.13430 of 2017 dated 07.04.2022, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to 1 year simple imprisonment as well as the judgment passed by the learned 14th Additional Sessions Judge, Rajkot in Criminal Appeal No.288 of 2022 dated 27.12.2024, 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.
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 Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:53:21 IST 2025 NEUTRAL CITATION R/CR.RA/1123/2025 ORDER DATED: 12/08/2025 undefined AIR 2010 SC (1907), the applicant has to pay Rs.10,000/- before the Gujarat State Legal Service Authority within a period of 2 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 Wed Aug 13 2025 Downloaded on : Wed Aug 13 22:53:21 IST 2025