Gujarat High Court
Jashwantbhai Somabhai Patel vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.RA/1244/2022 ORDER DATED: 08/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1244 of 2022
==========================================================
JASHWANTBHAI SOMABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. PANAM C SONI(7035) for the Applicant(s) No. 1
MR TATSAT A BHATT(12760) for the Respondent(s) No. 2
MS. JYOTI BHATT APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 08/07/2025
ORAL ORDER
Rule. Learned APP waives service on behalf of the Respondent - State.
When the matter is called out, learned advocate for the applicant and learned advocate for the respondent no.2 - original complainant is present.
Heard the learned advocates for both parties and it is submitted by them that the present matter has been amicably settled between the parties. Further, the authorized officer - Mr. Vijay H. Dodia is present before the Court and from the verification, he confirmed that the matter has been amicably settled between the parties and in support of his contention, Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:43:00 IST 2025 NEUTRAL CITATION R/CR.RA/1244/2022 ORDER DATED: 08/07/2025 undefined the original complainant has filed his affidavit and it is also stated by the original complainant that he has no objection, if the present applicant be acquitted from all charges.
Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881 with compoundable offence, the matter is amicably settled between the parties and the cheque amount has already been paid to the original complainant, the judgment and order passed by the learned Metropolitan Magistrate, Court No.7, Ahmedabad in Criminal Case No.263 of 2006 dated 21.04.2006, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the applicant to 30 days simple imprisonment and to pay the check amount by way of the compensation as well as the the judgment passed by the learned Additional Sessions Judge, Court No.18, Ahmedabad in Criminal Appeal No.39 of 2006, 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.
Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:43:00 IST 2025
NEUTRAL CITATION R/CR.RA/1244/2022 ORDER DATED: 08/07/2025 undefined The present applicant - accused has deposited Rs.1,10,000/- before the Registry of this Court and the same amount be refunded to the respondent no.2 - original complainant after due verification.
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 5% of the cheque amount before the Gujarat State Legal Service Authority.
The present application is disposed of accordingly. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J) JCP Page 3 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Jul 10 2025 Downloaded on : Thu Jul 10 21:43:00 IST 2025