Gujarat High Court
Nilesh Kantilal Popat vs Indusind Bank Ltd. Through Authorized ... on 7 May, 2025
NEUTRAL CITATION
R/CR.RA/687/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 687 of 2025
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NILESH KANTILAL POPAT
Versus
INDUSIND BANK LTD. THROUGH AUTHORIZED OFFICER & ANR.
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Appearance:
MR NAKUL PRADHAN for MS KHUSHI P JADAV(7351) for the Applicant(s) No. 1
MR HARDIK MEHTA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 07/05/2025
ORAL ORDER
Registry to accept vakalatnama of learned advocate Mr. Dhruvik K. Patel, who has instructions to appear for the original complainant.
[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.
[3.0] By way of this application under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short "BNSS") read with section 442 of BNSS, the applicant has prayed for quashing and setting aside the judgment dated 01.02.2024 passed by the learned 7 th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.9105 of 2022, Page 1 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Wed May 07 2025 Downloaded on : Tue May 13 22:14:41 IST 2025 NEUTRAL CITATION R/CR.RA/687/2025 ORDER DATED: 07/05/2025 undefined whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (for short "NI Act") and sentenced to undergo SI of two years and also directed to pay an amount of Rs.25,44,000/- to the original complainant as compensation. The said order was assailed before the learned Additional Sessions Judge, Jamnagar by way of Criminal Appeal No.314 of 2024, which came to be dismissed vide impugned Judgment and order dated 22.11.2024 and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.
[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.
[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application may be rejected.
[6.0] Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The Legal Executive i.e. authorized person of the original complainant namely Shri Ashokkumar Manilal Aiyar has remained present through virtual mode and is identified by learned advocate for the original complainant. He has confirmed the factum of settlement and the fact that he has issued the No Due Certificate to the applicant. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicant and the original Page 2 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Wed May 07 2025 Downloaded on : Tue May 13 22:14:41 IST 2025 NEUTRAL CITATION R/CR.RA/687/2025 ORDER DATED: 07/05/2025 undefined complainant is resolved and cheque amount has already been received by the original complainant and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
[7.0] At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.
[8.0] Considering the fact that the dispute is settled between the parties and the applicant has paid the cheque amount i.e. Rs.25,44,000/- to the complainant and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated stage before this Court, in view of the decision rendered in the case of Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled with cost.
[9.0] Resultantly, this revision application is allowed. The order dated 01.02.2024 passed by the learned 7 th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.9105/2022 as well as the order dated 22.11.2024 passed by the learned Additional Sessions Judge, Jamnagar in Criminal Appeal No.314 of 2024 are hereby quashed and set aside with respect to the applicant subject to deposit of 15% of the amount of cheque i.e. Rs.3,81,600/- out of the total cheque amount of Rs.25,44,000/- before the Gujarat State Legal Page 3 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Wed May 07 2025 Downloaded on : Tue May 13 22:14:41 IST 2025 NEUTRAL CITATION R/CR.RA/687/2025 ORDER DATED: 07/05/2025 undefined Services Authority.
[10.0] On compliance of the said order, if the applicant is behind the bars, he shall be released subject to deposit of aforesaid amount of cost, if his presence is no longer required in any other criminal offence.
[11.0] The present application is allowed qua applicant. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(HASMUKH D. SUTHAR, J.) Ajay Page 4 of 4 Uploaded by MR. AJAY C MENON(HC00939) on Wed May 07 2025 Downloaded on : Tue May 13 22:14:41 IST 2025