Gujarat High Court
Thakor Kirankumar Keshaji vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/1624/2025 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. 1624 of 2025
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THAKOR KIRANKUMAR KESHAJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1
MS. SHIVANI J. LAD(17505) for the Applicant(s) No. 1
MR. H.K. PATEL 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 A.P.P. waives service on behalf of the respondent State.
2. Learned advocate Mr. Shatrughan Soni has submitted that he has instructions to appear on behalf the respondent no.2 original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the Vakalatnama.
3. Learned advocate for the applicant has submitted that the matter has been amicably settled between the parties and the amount has already been paid to the society respondent no.
Page 1 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:44:20 IST 2025NEUTRAL CITATION R/CR.RA/1624/2025 ORDER DATED: 08/09/2025 undefined original complainant Limbachia Sangitaben Chandulal authorized officer of the respondent no.2 company. Complainant is virtually present and she stated that society has already received the amount and she has no objection, if the judgment of conviction is to be set aside. Further she affirmed that regarding the signature in the affidavit.
4. Considering the facts, the matter has been amicably settled between the parties and the offence under Section 138 of the Negotiable Instruments Act is compoundable offence. Hence, considering this, the judgment passed by the learned 5 th Additional Judicial Magistrate First Class, Mahesana in Criminal Case No.3382/2023 by judgment and order dated 16.07.2024 convicting the present applicant - accused under Section 138 of the Negotiable Instruments Act and sentence him to six months of simple imprisonment and judgment passed by the 3rd Additional District and Sessions Judge, Mahesana in Criminal Appeal No.487/2024 dismissing the appeal of the present applicant - accused is here by quashed and set aside. The present applicant -accused is hereby acquitted from all the charges.
5. The present applicant - accused is in the judicial custody be released immediately, if he is not required in any other Page 2 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:44:20 IST 2025 NEUTRAL CITATION R/CR.RA/1624/2025 ORDER DATED: 08/09/2025 undefined offences. The amount Rs.41,000/- deposited by the present applicant - accused before the learned Sessions Court, be returned to the present applicant - accused after due verification by the concerned Registry.
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. reported in AIR 2010 SC (1907), the applicant has to deposit Rs.5,000/- before the Gujarat State Legal Service Authority within two weeks.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J) HRT Page 3 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:44:20 IST 2025