Gujarat High Court
Jalaji Valaji Thakor vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/CR.RA/1202/2025 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. 1202 of 2025
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JALAJI VALAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR MONARCH K PANDYA(11437) for the Applicant(s) No. 1
MS JYOTI BHATT 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.Dushyant Bhatt 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.Bhatt.
3. Rule. The learned A.P.P. waives service of Rule for the respondent - State.
4. Learned advocate Mr.M.K. Pandya for the applicant submitted that the present applicant is in judicial custody, Page 1 of 3 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:24 IST 2025 NEUTRAL CITATION R/CR.RA/1202/2025 ORDER DATED: 25/07/2025 undefined the matter is amicably settled between the parties and the amount has already been received by the respondent no.2 - Bank. It is further submitted that learned advocate for the respondent no.2 has produced the affidavit of respondent no.2 filed by the respondent no.2 - Bank and stated that the complainant has no objection, if the order of conviction passed against the present applicant is quashed and set aside. The affidavit of respondent no.2 is taken on record.
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 amount has already been paid to the original complainant, the present revision application is hereby allowed. The order passed by the learned 9th Additional Judicial Magistrate First Class, Mehsana in Criminal Case No.3023 of 2023 dated 30.09.2024, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to Page 2 of 3 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:24 IST 2025 NEUTRAL CITATION R/CR.RA/1202/2025 ORDER DATED: 25/07/2025 undefined under 3 months' simple imprisonment and as well as the judgment passed by the learned 3rd Additional Sessions Judge, Mehsana in Criminal Appeal No.653 of 2024 dated 27.01.2025, 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. Since the present applicant - accused is in judicial custody, he shall be released immediately, if he is not required in any other case. Further, the applicant to deposit amount of Rs.1000/- before the Gujarat State Legal Services Authority within two weeks.
6. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(L. S. PIRZADA, J) Hitesh Page 3 of 3 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Fri Jul 25 2025 Downloaded on : Sat Jul 26 00:57:24 IST 2025