Gujarat High Court
Rameshbhai Rajabhai Bhogesara vs Nagajan Gangabhai Kadchha on 29 July, 2025
NEUTRAL CITATION
R/CR.RA/742/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 742 of 2025
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RAMESHBHAI RAJABHAI BHOGESARA
Versus
NAGAJAN GANGABHAI KADCHHA & ANR.
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Appearance:
MR. VIPUL SAVDAS REVDARIYA(14299) for the Applicant(s) No. 1
MS JYOTI BHATT, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 29/07/2025
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service of notice of Rule on behalf of the respondent no.2-State.
2. Learned advocate Mr. Haresh submitted that he has an instructions to appear on behalf of the respondent no.1 original complainant. Registry is to accept the vakalatnama.
3. It is submitted by the learned advocate for the applicant original accused that matter has been amicably settled between the parties and the cheque amount is already paid to the original-complainant respondent no.1, is present through virtual mode and when asked by the Court respondent no.2 original complainant submitted that he has received the amount of the cheque and the amount, which has been deposited by the present applicant accused before the Learned Sessions Court is required to be paid to the original complainant. Further, he has stated that he has no Page 1 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:50 IST 2025 NEUTRAL CITATION R/CR.RA/742/2025 ORDER DATED: 29/07/2025 undefined objection, if the conviction is set aside and the present applicant-accused is acquitted.
4. Considering the fact that the matter has been amicably settled between the parties and the offence punishable under Section 138 of the Negotiable Instruments Act is a compoundable.
5. Considering the fact that the matter has been settled between the parties, the following order is passed.
6. The judgment passed by the 3rd Additional Chief Judicial Magistrate Porbandar in Criminal Case no.1151 of 2022, judgment and order dated 04.12.2023 convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentencing to one year simple imprisonment and judgment passed by the Principle District and Sessions Judge, Porbandar in Criminal Appeal no.60 of 2023 by judgment dated 25.04.2025 dismissing the appeal and confirming the judgment of conviction of the Trial Court is hereby quashed and set aside.
7. The present applicant-accused has been acquitted from all the charges. Further, the amount of Rs.26,000/- deposited by the present applicant original accused before the Learned Sessions Court, Porbandar is to be refunded to the present respondent no.1 original complainant after due verification by the concerned Registry.
8. In view of the decision rendered in the case of Page 2 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:50 IST 2025 NEUTRAL CITATION R/CR.RA/742/2025 ORDER DATED: 29/07/2025 undefined Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, the present applicant has to deposit 5% of the cheque amount before the Gujarat State Legal Service Authority within 3 weeks from the date of this order.
(L. S. PIRZADA, J) CHIRAG D PAL Page 3 of 3 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Fri Aug 01 2025 Downloaded on : Sat Aug 02 00:38:50 IST 2025