Gujarat High Court
Harishkumar Udharam Mamnani vs State Of Gujarat on 31 July, 2025
NEUTRAL CITATION
R/CR.RA/227/2015 ORDER DATED: 31/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 227 of 2015
With
R/CRIMINAL REVISION APPLICATION NO. 121 of 2015
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HARISHKUMAR UDHARAM MAMNANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.DISHANT K THAKKAR(7309) for the Applicant(s) No. 1
MR ADARSHKUMAR D PATEL(10728) for the Respondent(s) No. 2
MS. JYOTI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 31/07/2025
ORAL ORDER
1) Rule. Learned APP waives service on behalf of the Respondent - State.
2) When the matter is called out, learned advocate for the applicant and learned advocate for the respondent no.2 is present and they have submitted that the present matter has been amicably settled between the parties and the amount has already been paid to the original complainant and it is also stated that the amount which has been deposited before the learned Trial Court will be paid to the original complainant. The original complainant - Tulsiram Dosamal Pritamani is present before the Court and when he was asked about the settlement, he stated that the settlement has been arrived between him and the accused and he has no objection, if Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:49 IST 2025 NEUTRAL CITATION R/CR.RA/227/2015 ORDER DATED: 31/07/2025 undefined conviction be set aside and the present applicant - original accused be acquitted from all the charges. Further, in support of his contention, the original complainant has filed his affidavit on record and also confirmed the signature. 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 3rd Additional Chief Judicial Magistrate, Aanand in Criminal Case No.6658 of 2001 dated 08.07.2014, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to 1 year simple imprisonment as well as the judgment passed by the learned 3rd Additional Sessions Judge, Aanand in Criminal Appeal No.63 of 2014 dated 05.01.2015, partly allowing the appeal and the sentence was modified to the extent of TRC is hereby quashed and set aside. The present applicant accused is hereby acquitted from all the charges and his bail bond stands cancelled accordingly.
3) The present applicant - original accused has deposited Rs.1,00,000/- before the learned Trial Court is to be paid to the present respondent no.2 - original complainant by the Registry of the concerned Trial Court after due verification.
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 15% of the Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:49 IST 2025 NEUTRAL CITATION R/CR.RA/227/2015 ORDER DATED: 31/07/2025 undefined cheque amount before the Gujarat State Legal Service Authority within a period of 2 weeks.
5) The present application is disposed of accordingly.
6) Rule is made absolute. Direct Service is permitted.
Criminal Revision Application No.121 of 2015 The present revision application is disposed of accordingly as the matter has been amicably settled between the parties.
(L. S. PIRZADA, J) JCP Page 3 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 31 2025 Downloaded on : Thu Jul 31 23:30:49 IST 2025