Gujarat High Court
Sanjaykumar Natvarbhai Prajapati vs State Of Gujarat on 2 December, 2025
NEUTRAL CITATION
R/CR.RA/2306/2025 ORDER DATED: 02/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO.
2306 of 2025
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SANJAYKUMAR NATVARBHAI PRAJAPATI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 02/12/2025
ORAL ORDER
1. Learned advocate Mr. Hardik Godham states that he has instructions to appear on behalf of the respondent No. 2 herein - original complainant and shall file his Vakalatnama before the Registry. Registry to accept his Vakalatnama.
2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the original complainant waive service of notice of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present application, Page 1 of 4 Uploaded by HIREN MER(HC00351) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:55:58 IST 2025 NEUTRAL CITATION R/CR.RA/2306/2025 ORDER DATED: 02/12/2025 undefined with the consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal today as alleged offence is compoundable.
4. By this revision application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") read with section 442 of BNSS, the applicant has prayed for quashing and setting aside the judgment and order dated 28.06.2024 passed by the learned 6th Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No. 1898 of 2019, whereby the trial Court held the applicant guilty for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") and sentenced to undergo Simple Imprisonment (SI) of one year and also directed to pay the cheque amount to the original complainant as compensation. The said order was assailed before the learned 2 nd Additional Sessions Judge, Gandhinagar by way of Criminal Appeal No. 229 of 2024, which came to be dismissed vide judgment and order dated 06.10.2025 and the order of conviction has been confirmed and upheld. Aggrieved thereby, this revision application is filed.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. However, it is submitted that the parties have amicably resolved the Page 2 of 4 Uploaded by HIREN MER(HC00351) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:55:58 IST 2025 NEUTRAL CITATION R/CR.RA/2306/2025 ORDER DATED: 02/12/2025 undefined issue. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.
6. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. Original complainant - Bhupendrakumar Jayantilal Thakkar is present before the Court and is identified by the learned advocate for the original complainant. The complainant affirms the factum of settlement. He has also filed an affidavit, which is taken on record, stating therein that he has no objection if the judgment and orders impugned in this revision application are quashed and set aside. He also states that he has filed the affidavit without any coercion, threat or undue influence and on his own volition. On inquiry made by the Court, the original complainant has declared before this Court that the dispute between the applicant and the original complainant is resolved and cheque amount has already been received by the original complainant and therefore, now the grievance stands redressed. It is, therefore, submitted that the present application may be allowed.
7. Learned Additional Public Prosecutor appearing for the State has submitted that in the facts and circumstances of the case and in view of the extant law, Court may pass appropriate orders.
8. Considering the fact that the dispute is settled between the Page 3 of 4 Uploaded by HIREN MER(HC00351) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:55:58 IST 2025 NEUTRAL CITATION R/CR.RA/2306/2025 ORDER DATED: 02/12/2025 undefined parties and that the applicant has paid the cheque amount to the complainant and said fact has been confirmed by the complainant, as the offence is compoundable one at any stage under Section 147 of the NI Act.
9. Resultantly, this revision application is allowed. The judgment and orders impugned in this revision application, referred to herein above, are hereby quashed and set aside. The applicant is acquitted of the present charge. Bail bond and surety if any, shall stand discharged.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
[ P. M. Raval, J. ] hiren/24tss21225 Page 4 of 4 Uploaded by HIREN MER(HC00351) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:55:58 IST 2025