Gujarat High Court
Riteshbhai S/O. Manubhai Trivedi ... vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/CR.RA/1159/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1159 of 2025
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RITESHBHAI S/O. MANUBHAI TRIVEDI PROPRIETOR OF M/S. SHIV
SHAKTI AUTO
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YH MOTIRAMANI(3720) 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 : 25/07/2025
ORAL ORDER
1. Learned advocate Mr.M.J. Khan states that he has instructions to appear for the respondent no.2 and seeks permission to file vakalatnama.
2. Permission is accordingly granted. Registry to accept the vakalatnama that may be filed by learned advocate Mr.Khan.
3. Rule. The learned A.P.P. waives service of Rule for the respondent - State.
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NEUTRAL CITATION R/CR.RA/1159/2025 ORDER DATED: 25/07/2025 undefined
4. When the matter is called out, the learned advocates for the respective parties submitted that the matter is amicably settled between the parties and the cheque amount is already received by the respondent no.2 - original complainant. The respondent no.2 is personally present before the Court and upon asked by the Court, the respondent no.2 stated that he has already received the cheque amount and he has no objection, if the order of conviction passed against the present applicant is quashed and set aside. The respondent no.2 has also filed affidavit and confirmed the said aspect.
5. Considering the fact that the present applicant - 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 original complainant, the present revision application is hereby allowed. The order passed by the learned Additional Chief Judicial Magistrate, Gandhinagar in Page 2 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:20 IST 2025 NEUTRAL CITATION R/CR.RA/1159/2025 ORDER DATED: 25/07/2025 undefined Criminal Case No.3326 of 2020 dated 22.11.2022, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo 1 year's simple imprisonment and as well as the judgment passed by the learned 3 rd Additional Sessions Judge, Gandhinagar in Criminal Appeal No.142 of 2022 dated 03.07.2025, 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.
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. reported in AIR 2010 SC (1907), the applicant has to deposit 5% of the cheque amount before the Gujarat State Legal Service Authority within 3 weeks. Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:20 IST 2025
NEUTRAL CITATION R/CR.RA/1159/2025 ORDER DATED: 25/07/2025 undefined
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 Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:20 IST 2025