Gujarat High Court
Riteshbhai Hasmukhbhai Barot vs State Of Gujarat on 6 June, 2025
NEUTRAL CITATION
R/CR.RA/778/2025 ORDER DATED: 06/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 778 of 2025
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RITESHBHAI HASMUKHBHAI BAROT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ASHOK L. CHAUHAN(14049) for the Applicant(s) No. 1
MR. NILAY THAKOR(14166) for the Applicant(s) No. 1
MR K.M.ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 06/06/2025
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent No.2 - State.
2. Considering the issue involved in the present application and with consent of learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent - original complainant has been resolved amicably, this matter is taken up for final disposal forthwith.
3. By way of this application under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the B.N.S.S., 2023"), the applicant has prayed for quashing and setting aside the order dated 28.2.2025 passed by learned Additional Sessions Judge, City Page 1 of 5 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Fri Jun 06 2025 Downloaded on : Fri Jun 06 23:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/778/2025 ORDER DATED: 06/06/2025 undefined Civil & Sessions Court No.7 at Ahmedabad, in Criminal Appeal No. 61 of 2024 as well as the order dated 30.12.2023 passed by learned Additional Chief Metropolitan Magistrate, N.I.Act Court No.35 at Ahmedabad, in Criminal Case No.7200 of 2022.
4. Heard learned advocate Mr. Nilay Thakor appearing for the applicant, Mr. K.M. Antani, learned APP for the respondent No. 1 - State. Learned advocate Mr. Parth B. Chauhan states that he has received instructions to appear on behalf of the original complainant. He shall file his Vakalatnama in the Registry. The Registry shall accept the same. I have also gone through the affidavit filed by the original complainant - respondent No.2.
5. Learned counsel appearing for the applicant and the original complainant submitted that after the impugned orders being passed, as referred above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at between them, the original complainant - Respondent No. 2 - Sumit Mahendrabhai Sharma, has tendered an affidavit dated 5.5.2025, which is taken on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and he has no objection if both the impugned orders are quashed and set aside and there is no surviving grievance between them. Learned counsel for the applicant submitted that since the applicant is in jail in view of the Page 2 of 5 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Fri Jun 06 2025 Downloaded on : Fri Jun 06 23:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/778/2025 ORDER DATED: 06/06/2025 undefined order of the trial Court, in view of the settlement between the parties, the present Revision Application may be allowed.
6. The original complainant - respondent No. 2 is present in the Court today and is identified by his Advocate appearing on his behalf and upon asking from the complainant, he has admitted that a settlement has taken place between him and the applicant. The complainant has also furnished an affidavit in this regard stating inter alia as under: -
"I say that I have no cause to continue the complaint alleging any offences against the applicants. I further say that the matter is settled and I have received the entire amount of Cheque i.e.9,84,000/- rupees from the present petitioner and his family members. I state that apart from this there is no other outstanding amount due and payable from the present applicant and I shall not file any other proceedings in order to recover the aforementioned amount.
In the facts and circumstances as narrated above, I upon my free will, wish and desire stating on oath that I do not wish to prosecute the criminal proceedings with the present Applicants as the dispute and differences between us have been amicably settled and resolved peacefully as I have received the entire outstanding amount of cheque from the present applicant and his family members.
I state that this Criminal Revision Application for quash and set aside the judgment and order passed in Criminal Case no.7200 of 2022 before the Learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.35 at Ahmedabad, dated 30.12.2023 and quash Page 3 of 5 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Fri Jun 06 2025 Downloaded on : Fri Jun 06 23:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/778/2025 ORDER DATED: 06/06/2025 undefined and set aside the judgment and order passed in Criminal Appeal No.61 of 2024 before the Learned Additional Sessions Judge, City Civil & Sessions Court No.7 at Ahmedabad, dated 28.02.2025 and other consequential proceedings, thereto, be allowed in the interest of justice qua the applicant.
I state that, as the present applicant is in judicial custody in case this Hon'ble Court passes an order releasing the present petitioner from the judicial custody, I do not have any objections to that effect as well as my grievances have been redressed and the matter is settled amicably. "
6.1 The complainant has admitted the contents of the affidavit and he has also specifically admitted that he has received the settlement amount of Rs.9,84,000/- from the original accused. He has also submitted that since the matter is settled and he has received the entire settlement amount, as mentioned herein above, the present Revision Application may be allowed.
7. Per contra, vehemently opposing the present application, learned APP appearing for the respondent No. 1 - State has submitted that looking to the seriousness of the offence, the present application may not be allowed by quashing and setting aside the impugned orders in view of the settlement arrived at between the parties.
8. Having heard learned counsels for the respective parties, considering the facts and circumstances arising out of Page 4 of 5 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Fri Jun 06 2025 Downloaded on : Fri Jun 06 23:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/778/2025 ORDER DATED: 06/06/2025 undefined the present application as well as considering the fact that the offence is compoundable and the fact that the applicant is in jail in view of the order of the courts below, to secure the ends of justice, the Court is of the considered opinion that both the impugned orders are required to be quashed and set aside.
9. Resultantly, the present Criminal Revision Application is allowed. The impugned order dated 28.2.2025 passed by learned Additional Sessions Judge, City Civil & Sessions Court No.7 at Ahmedabad, in Criminal Appeal No. 61 of 2024 as well as the order dated 30.12.2023 passed by learned Additional Chief Metropolitan Magistrate, N.I.Act Court No.35 at Ahmedabad, in Criminal Case No.7200 of 2022 are hereby quashed and set aside qua the applicant herein. Since the applicant is in jail, the concerned jail authorities are directed to release the applicant forthwith, if is not required in any other case.
10. Rule is made absolute accordingly. Direct service is permitted, today.
(VIMAL K. VYAS, J) Manshi Page 5 of 5 Uploaded by MANSHI HARISHBHAI AMIN(HC01561) on Fri Jun 06 2025 Downloaded on : Fri Jun 06 23:59:03 IST 2025