Gujarat High Court
Vijaykumar Kiritbhai Solanki vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/1605/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1605 of 2025
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VIJAYKUMAR KIRITBHAI SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KEVAL G BRAHMBHATT (BAROT)(9900) 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 : 08/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the Respondent - State.
2. Learned advocate Mr. Rohan G. Vaghela 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 application has been preferred against two concurrent judgments of the conviction reported by the learned Trial Court and the learned Appellate Court and it is submitted that the present matter has been amicably settled between the parties and the cheque amount is already been paid to the complainant. The original complainant is present before the Court and from the verification, he confirmed that Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Sep 08 2025 Downloaded on : Tue Sep 09 03:43:16 IST 2025 NEUTRAL CITATION R/CR.RA/1605/2025 ORDER DATED: 08/09/2025 undefined he has no objection, if conviction is set aside. Further, in support of his contention, the original complainant has filed his affidavit on record and further, he has submitted that the matter has been amicably settled between the parties and he has paid the cheque amount. 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 Judicial Magistrate, First Class, Sevaliya in Criminal Case No.135 of 2022 dated 26.09.2024, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the present applicant - accused to 1 year simple imprisonment as well as the judgment passed by the learned 3rd Additional Sessions Judge, Kheda at Nadiad in Criminal Appeal No.548 of 2024 dated 07.08.2025, 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. The present applicant - accused is in judicial custody and be released on bail immediately from the jail, if is not required in any other offences. The present applicant has deposited Rs.22,500/- before the learned Appellate Court and as per the settlement, the said amount is to be paid to the present applicant - accused by the concerned Registry of the District Court after due verification.
4. Considering the facts and circumstances of the case and Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Mon Sep 08 2025 Downloaded on : Tue Sep 09 03:43:16 IST 2025 NEUTRAL CITATION R/CR.RA/1605/2025 ORDER DATED: 08/09/2025 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.5,000/- before the Gujarat State Legal Service Authority within a period of 2 weeks.
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 Mon Sep 08 2025 Downloaded on : Tue Sep 09 03:43:16 IST 2025