Gujarat High Court
Tala Dhavalbhai Ratibhai vs State Of Gujarat on 25 November, 2025
NEUTRAL CITATION
R/CR.RA/1867/2025 ORDER DATED: 25/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1867 of 2025
==========================================================
TALA DHAVALBHAI RATIBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MEET D KAKADIA(11896) for the Applicant(s) No. 1
MR P S DATTA(11324) for the Respondent(s) No. 2
MR. ELESH S. BHARWAD(16979) for the Respondent(s) No. 2
MR.UTKARSH SHARMA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 25/11/2025
ORAL ORDER
1. By this revision 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 and order dated 18.06.2024 passed by the learned 9 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 13983 of 2020, whereby the trial Court held the applicant guilty for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") and sentenced to undergo Simple Imprisonment (SI) of two year, with fine and compensation to the original complainant. The said order was assailed before the learned 7th Additional Sessions Judge, Rajkot, by way of Criminal Appeal No. 501 of 2024, which came to be dismissed vide judgment and order dated 24.04.2025, and the order of conviction has been confirmed and upheld. Aggrieved thereby, this revision application is filed.
2. Heard, the learned advocates for the respective Page 1 of 3 Uploaded by MOHD SAIF ULLAH(HC02372) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/1867/2025 ORDER DATED: 25/11/2025 undefined parties. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. However, 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.
2.1 The learned advocate for the applicant, on instructions, also states that 10% of the cheque amount towards compounding charge has already been deposited before the Gujarat State Legal Services Authority, as per order dated 03.10.2025 passed in this application.
3. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The original complainant affirms the factum of settlement. He has also filed an affidavit which is on record of Criminal Misc. Application No. 19624 of 2025 for condonation of delay stating therein that he has no objection if the judgment and orders impugned in this revision application are quashed and set aside. He has also stated on oath that the dispute between the applicant and the original 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.
4. Learned Additional Public Prosecutor appearing for the State has submitted that in the facts and circumstances of the case and in view of the extant law, Court may pass appropriate orders.
5. Considering the fact that the dispute is settled Page 2 of 3 Uploaded by MOHD SAIF ULLAH(HC02372) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:59:03 IST 2025 NEUTRAL CITATION R/CR.RA/1867/2025 ORDER DATED: 25/11/2025 undefined between the parties and that the applicant has paid the cheque amount to the complainant and said fact has been confirmed by the complainant, as the offence is compoundable one at any stage under Section 147 of the NI Act.
6. Resultantly, this revision application is allowed. The judgment and orders impugned in this revision application, referred to herein above, are hereby quashed and set aside. The applicant is acquitted of the present charge. Bail bond, if any, shall stand cancelled and surety shall be discharged. Rule is made absolute accordingly.
Direct service is permitted.
(P. M. RAVAL, J) MOHD SAIF ULLAH Page 3 of 3 Uploaded by MOHD SAIF ULLAH(HC02372) on Wed Nov 26 2025 Downloaded on : Wed Nov 26 21:59:03 IST 2025