Gujarat High Court
Parsotambhai Gokalbhai Malviya vs State Of Gujarat on 13 August, 2025
NEUTRAL CITATION
R/CR.RA/1368/2025 ORDER DATED: 13/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1368 of 2025
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PARSOTAMBHAI GOKALBHAI MALVIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 13/08/2025
ORAL ORDER
1. Rule. Learned A.P.P. Mr.H.K. Patel waives service of Rule for the respondent - State.
2. Learned advocate Mr.Shatrughn S. Soni states that he has instructions to appear for the respondent no.2 - original complainant and seeks permission to file vakalatnama. He also placed on record the affidavit filed by the original complainant.
3. Permission is accordingly granted. Registry to accept the vakalatnama that may be filed by learned advocate Mr.Soni.
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NEUTRAL CITATION R/CR.RA/1368/2025 ORDER DATED: 13/08/2025 undefined
4. The learned advocates for the respective parties jointly state that the matter has been amicably settled between the parties and the cheque amount has already been paid to the respondent no.2 - original complainant. Respondent no.2 - Hardikbhai Kantibhai Ramani is personally present before the Court and upon asked by the Court, the respondent no.2 submitted that the matter is amicably settled between the parties and he has received the cheque amount and has no objection if the order of conviction passed against the present applicant - accused is quashed and set aside and the applicant - accused is acquitted from the charges levelled against him. Further, the respondent no.2 has also placed on record the affidavit and in the affidavit, he has confirmed the aforesaid aspect.
5. Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881, which is a compoundable offence and the matter is amicably settled between the parties and the cheque amount has already been paid to the Page 2 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 23:19:32 IST 2025 NEUTRAL CITATION R/CR.RA/1368/2025 ORDER DATED: 13/08/2025 undefined original complainant, the present Criminal Revision Application is hereby allowed and the order passed by the learned 17th Chief Judicial Magistrate, Rajkot in Criminal Case No.8217 of 2018 dated 16.02.2024, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to one year simple imprisonment and as well as the judgment passed by the learned 13th Additional Sessions Judge, Rajkot in Criminal Appeal No.127 of 2024 dated 31.07.2025, dismissing the appeal of the present applicant - accused and confirming the judgment of the learned Trial Court is hereby quashed and set aside. The present applicant - accused has been acquitted from all the charges and his bail bond stands cancelled accordingly. Further, as the present applicant - accused is in judicial custody, he is ordered to be released from jail immediately, if he is not required in any other offence.
6. 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. Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 23:19:32 IST 2025 NEUTRAL CITATION R/CR.RA/1368/2025 ORDER DATED: 13/08/2025 undefined reported in AIR 2010 SC (1907), the applicant has to deposit amount of Rs.10,000/- before the Gujarat State Legal Service Authority within 2 weeks.
7. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(L. S. PIRZADA, J) Hitesh Page 4 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Wed Aug 13 2025 Downloaded on : Wed Aug 13 23:19:32 IST 2025