Gujarat High Court
Patel Rashminkumar Manilal vs State Of Gujarat on 25 August, 2025
NEUTRAL CITATION
R/CR.RA/1481/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1481 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1481 of 2025
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PATEL RASHMINKUMAR MANILAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR K I KAZI(5030) 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 : 25/08/2025
ORAL ORDER
1. Rule. The learned A.P.P. waives service of Rule for the respondent - State.
2. Learned advocate Ms.Drashti Budhani states that she has instructions to appear for the respondent no.2 - original complainant and seeks permission to file vakalatnama. She 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 Page 1 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:04 IST 2025 NEUTRAL CITATION R/CR.RA/1481/2025 ORDER DATED: 25/08/2025 undefined advocate Ms.Budhani.
4. Learned advocate Mr.K.I. Kazi for the applicant - accused submitted that the matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant.
5. The original complainant is present before the Court and upon asked by the Court, the complainant stated that he has received the cheque amount and he 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 all the charges. Further, the complainant also confirmed the signature on the affidavit filed by him.
6. 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 and the cheque amount has already been paid to the original complainant, the present Criminal Revision Application is Page 2 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:04 IST 2025 NEUTRAL CITATION R/CR.RA/1481/2025 ORDER DATED: 25/08/2025 undefined hereby allowed. The order dated 17.01.2025 passed by the learned Judicial Magistrate First Class, Talod in Criminal Case No.15 of 2024, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to one year simple imprisonment as well as order 29.07.2025 passed by the learned Sessions Judge, Sabarkantha at Himmatnagar in Criminal Misc. Application No.632 of 2025, rejecting the application for condonation of delay of 565 days, are hereby quashed and set aside. The present applicant - accused has been acquitted from all the charges and his bail bond stands cancelled accordingly. Since the present applicant - accused is in judicial custody, the applicant - accused is ordered to be released from jail immediately, if he is not required in any other case.
7. 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 Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:04 IST 2025 NEUTRAL CITATION R/CR.RA/1481/2025 ORDER DATED: 25/08/2025 undefined deposit amount of Rs.10,000/- before the Gujarat State Legal Service Authority within 2 weeks.
8. The present application is disposed of accordingly. Rule is made absolute.
9. In view of the order passed in the present application, connected Criminal Misc. Application No.1 of 2025 does not survive and the same is also disposed of.
Direct service is permitted.
(L. S. PIRZADA, J) Hitesh Page 4 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:02:04 IST 2025