Gujarat High Court
Prop. Of Devshree Enterprise Samir ... vs Prop. Of Khodiyar Plastic Industries ... on 19 October, 2025
NEUTRAL CITATION
R/CR.RA/1958/2025 ORDER DATED: 19/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1958 of 2025
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PROP. OF DEVSHREE ENTERPRISE SAMIR MANOHARBHAI JOSHI
Versus
PROP. OF KHODIYAR PLASTIC INDUSTRIES SANJAYBHAI RAMESHBHAI
PATEL & ANR.
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Appearance:
MR. JAIMIL DOSHI WITH S B SUTARIA(7651) for the Applicant(s) No. 1
MR HARSH SHAH for the Respondent no.1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 19/10/2025
ORAL ORDER
1) Rule. Learned APP waives service on behalf of the Respondent - State.
2) Learned Advocate Mr. Jaimil Doshi filed his Vakalatnama on behalf of the applicant and learned Advocate Mr. Harsh Shah filed his vakalatnama on behalf of the respondent no.1, which is taken on record.
3) When the matter is called out, learned advocate for the applicant Mr. Jaimil Doshi with Mr. S B Sutaria and learned advocate Mr. Harsh Shah for the respondent no.2 submitted that the present matter has been amicably settled between the parties and the amount has already been paid to the original complainant and it is also stated that the amount Page 1 of 3 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Sun Oct 19 2025 Downloaded on : Mon Oct 20 23:54:12 IST 2025 NEUTRAL CITATION R/CR.RA/1958/2025 ORDER DATED: 19/10/2025 undefined which has been deposited before the learned Appellate Court will be paid to the present applicant-original accused, if any. He has further produced the copy of judgment passed by the Hon'ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in AIR 2010 SC (1907) and judgment of this Court in the case of Kunal Kiritbhai Patel Vs. State of Gujarat and Ors passed in Criminal Misc. Application No.19870 of 2025 dated 26.09.2025, which is taken on record.
4) The applicant-original accused is at present in the judicial custody. The original complainant - Proprietor of Khodiyar Plastic Industries Mr. Sanjaybhai Rameshbhai Patel is present before the Court and filed his affidavit,which is taken on record. when he was asked about the settlement, he stated that the settlement has been arrived between him and the accused and he has received Rs.3,25,000/- as full and final settlement of all the transactions from the applicant and he has no objection, if conviction be set aside and the present applicant - original accused be acquitted from all the charges. Further, in support of his contention, the original complainant has filed his affidavit on record and also confirmed the signature. Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881 with compoundable offence and the matter is amicably settled between the parties, the judgment and order passed by the learned Additional Chief Judicial Magistrate, Kalol in Criminal Case No.147 of 2022 dated 26.10.2023, convicting the present applicant original accused under Page 2 of 3 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Sun Oct 19 2025 Downloaded on : Mon Oct 20 23:54:12 IST 2025 NEUTRAL CITATION R/CR.RA/1958/2025 ORDER DATED: 19/10/2025 undefined Section 138 of the Negotiable Instruments Act, 1881 and judgment passed by the learned 5 th Additional Sessions Judge, At Kalol, District Gandhinagar in Criminal Appeal No.45 of 2023 dated 09.09.2025, dismissing the appeal and confirming the order passed by the learned Additional Chief Judicial Magistrate, Kalol is hereby quashed and set aside. The present applicant accused Mr. Samir Joshi, Proprietor of Devshree Enterprise is hereby acquitted from all the charges.
5) The Registry of the concerned Appellate Court after due verification, is directed to pay the deposited amount, if any, to the present applicant- original accused.
6) 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. (supra), the applicant has to pay 10% of the cheque amount before the Gujarat State Legal Service Authority within a period of four weeks.
7) The present application is disposed of accordingly.
8) Rule is made absolute. Jail Authority is directed to release the present applicant/original accused from the judicial custody, if he is not required in any other offence. Direct Service today is permitted.
(D. M. VYAS, J) Anuj Page 3 of 3 Uploaded by MR.ANUJSINH CHANDRAVIRSINH SISODIYA(HCD0069) on Sun Oct 19 2025 Downloaded on : Mon Oct 20 23:54:12 IST 2025