Gujarat High Court
Neha Bhaveshbhai Mulani vs State Of Gujarat on 2 September, 2025
NEUTRAL CITATION
R/CR.RA/1492/2025 ORDER DATED: 02/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1492 of 2025
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NEHA BHAVESHBHAI MULANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARDIK B. GODHAM(16165) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 02/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the Respondent - State.
2. Learned advocate Mr.Naved A. Shaikh stated that he has instructions to appear on behalf of the Respondent No.2 - Original Complainant and seeks permission to file Vakalatnama. Registry to accept the Vakalatnama.
3. It is submitted by the learned advocate for the applicant that the present matter has been amicably settled between the parties and the amount has already been paid to the original complainant. The original complainant is present Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:37:45 IST 2025 NEUTRAL CITATION R/CR.RA/1492/2025 ORDER DATED: 02/09/2025 undefined before the Court and from the verification, he confirmed that he has no objection, if conviction is set aside. Further, he confirmed the signature on the affidavit which has been placed on record. 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 passed by the learned Additional Chief Metropolitan Magistrate, Nego.I.Act Court No.31, Ahmedabad in Criminal Case No.10987 of 2020 dated 28.02.2024, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the present applicant to 2 years simple imprisonment as well as the judgment passed by the learned Additional Sessions Judge, City Sessions Court No.7, Ahmedabad in Criminal Appeal No.370 of 2024 dated 04.08.2025, rejecting the appeal and confirming the judgment of the learned Trial Court is hereby quashed and set aside. The present applicant accused is hereby acquitted from all the charges and his bail bond stands cancelled accordingly.
4. Considering the facts and circumstances of the case and Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:37:45 IST 2025 NEUTRAL CITATION R/CR.RA/1492/2025 ORDER DATED: 02/09/2025 undefined 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 pay Rs.10,000/- before the Gujarat State Legal Service Authority within a period of 2 weeks from the receipt of the date of this order.
5. The present application is disposed of accordingly.
6. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J) JCP Page 3 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:37:45 IST 2025