Gujarat High Court
Vishal Jayantilal Shah vs State Of Gujarat on 10 July, 2025
NEUTRAL CITATION
R/CR.RA/1038/2025 ORDER DATED: 10/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1038 of 2025
With
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of 2024
In R/CRIMINAL REVISION APPLICATION NO. 1038 of 2025
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VISHAL JAYANTILAL SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KANDARP H DHOLAKIA(3704) for the Applicant(s) No. 1
MR. H.K. PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 10/07/2025
ORAL ORDER
1. Learned advocate Mr.Suril N. Desai submitted that he has instructions to appear on behalf of the respondent No.2 and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.
2. It is submitted by the learned advocate for the respective parties that the matter has been amicably settled between the parties. The original complainant respondent No.2 is present through virtual mode and asked by the Court and stated that the matter has been settled and he has no objection if the present applicant be acquitted from all the charges and also submitted his affidavit.
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3. Considering the facts that the offence under Section 138 of the Negotiable Instruments Act is compoundable offence and the matter has been amicably settled. Judgment passed by the learned 7th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.8921/2022 by judgment and order dated 13.03.2024, convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentenced him to two years of simple imprisonment and judgment passed by the learned Additional Sessions Judge, Jamnagar in Criminal Appeal No.167/2024 judgment dated 04.05.2024 dismissing the appeal and confirming the judgment of the learned trial Court is hereby quashed and set aside. The present applicant is hereby acquitted from all the charges.
4. The present applicant-accused is in judicial custody, he should be released from the jail immediately, if he is not required in any other offences.
5. 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 deposit Rs.15,000/- to be paid before the Gujarat State Legal Service Authority within three weeks.
The present application is disposed of accordingly. Rule is made absolute. Direct service permitted today.
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