Gujarat High Court
Hardikbhai Mukeshbhai Patni @ Soni vs State Of Gujarat on 7 July, 2025
NEUTRAL CITATION
R/CR.RA/401/2024 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 401 of 2024
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HARDIKBHAI MUKESHBHAI PATNI @ SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR S M SOJATWALA(3499) 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 : 07/07/2025
ORAL ORDER
1. Learned advocate Mr.Kalpesh Pandit states that he has instructions to appear for the respondent no.2 - original complainant and seeks permission to file vakalatnama.
2. Permission is accordingly granted. Registry to accept the vakalatnama that may be filed by learned advocate Mr.Pandit.
3. Rule. Learned APP waives service on behalf of the Respondent - State.
4. Learned advocate Mr.S.M. Sojatwala for the Page 1 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:30:53 IST 2025 NEUTRAL CITATION R/CR.RA/401/2024 ORDER DATED: 07/07/2025 undefined applicant submitted that the present matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant. The respondent no.2 - original complainant is present before the Court and upon asked by this Court, he confirmed that the matter has been amicably settled and he has already received the cheque amount from the accused and he has no objection, if the present applicant is acquitted from all the charges and the conviction is set aside. Further, in support of his contentions, the learned advocate for the respondent no.2 has filed the affidavit of the original complainant, which is taken on record.
5. Considering the fact that the present 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 application is hereby allowed and the order dated 27.02.2020 passed by the learned Additional Chief Metropolitan Magistrate, N.I.A. Page 2 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:30:53 IST 2025 NEUTRAL CITATION R/CR.RA/401/2024 ORDER DATED: 07/07/2025 undefined Court No.28, Ahmedabad in Criminal Case No.5010254 of 2016, convicting the applicant - accused under Section 138 of the Negotiable Instruments Act and sentencing him to 1 year's simple imprisonment and to pay the total cheque amount by way of compensation, in default, further 3 months' simple imprisonment, which is confirmed by the judgment dated 12.01.2024 passed by the learned Principal Judge, City Civil & Sessions Court, Ahmedabad in Criminal Appeal No.131 of 2020, dismissing the appeal of the present applicant - accused, is hereby quashed and set aside. The present applicant - accused is hereby 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 - accused has to deposit 5% of the cheque amount before the Gujarat State Legal Service Authority within 2 weeks. Page 3 of 4 Uploaded by PANCHAL HITESHKUMAR JAGDISHBHAI(HC00195) on Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:30:53 IST 2025
NEUTRAL CITATION R/CR.RA/401/2024 ORDER DATED: 07/07/2025 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 Tue Jul 08 2025 Downloaded on : Tue Jul 08 23:30:53 IST 2025