Gujarat High Court
Damjibhai Ravjibhai Kanjariya vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.RA/1126/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1126 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1126 of 2025
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DAMJIBHAI RAVJIBHAI KANJARIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR A J SAIYAD(11479) for the Applicant(s) No. 1
MR K I KAZI(5030) 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 : 21/07/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the Respondent - State.
2. Learned advocate Ms. Alpa J. Dave stated that she has instructions to appear on behalf of the Respondent No. 2 - Original Complainant - Mr.Kiran V. Rabadiya, the authorized officer of the Swami Vivekanand Treding Co-operative Societies Ltd. 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 Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:52:29 IST 2025 NEUTRAL CITATION R/CR.RA/1126/2025 ORDER DATED: 21/07/2025 undefined complainant is present before the Court and from the verification, he confirmed that the society has already received the amount of the cheque amount and he has no objection, if conviction is set aside. Further, in support of his contention, the original complainant has filed his affidavit on record. 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 and order passed by the learned 9th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.9948 of 2019 dated 07.06.2022, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to 3 months simple imprisonment as well as the judgment passed by the learned Sessions Judge, Jamnagar in Criminal Appeal No.179 of 2022 dated 15.04.2025, 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. The present applicant - accused is in judicial custody and be released on bail immediately from the jail, if is not required in any other offences.
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 AIR 2010 SC (1907), the applicant has to pay 5% of the cheque amount before the Gujarat State Legal Service Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:52:29 IST 2025 NEUTRAL CITATION R/CR.RA/1126/2025 ORDER DATED: 21/07/2025 undefined Authority within a period of 3 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 Tue Jul 22 2025 Downloaded on : Tue Jul 22 21:52:29 IST 2025