Gujarat High Court
Joshi Hitendrakumar Pravinchandra vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/636/2025 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. 636 of 2025
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JOSHI HITENDRAKUMAR PRAVINCHANDRA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
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. It is submitted by the learned advocate for the applicant that the present matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant. Learned advocate Ms.Kiran Udasi submitted that the original complainant has received the cheque amount and has no objection, if conviction is set aside. Further, in support of his contention, the original complainant has filed his affidavit on record. Considering the fact that the Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:44:24 IST 2025 NEUTRAL CITATION R/CR.RA/636/2025 ORDER DATED: 08/09/2025 undefined 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, Kadi in Criminal Case No.183 of 2024 dated 18.11.2024, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced the present applicant to 1 year simple imprisonment as well as the judgment passed by the learned 3rd Additional District & Sessions Judge, Mahesana in Criminal Appeal No.705 of 2024 dated 29.03.2025, 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 20% of the amount of the cheque has been deposited by the present applicant before the learned District Court, is to be refunded to the present applicant - accused by the concerned Registry after due verification.
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NEUTRAL CITATION R/CR.RA/636/2025 ORDER DATED: 08/09/2025 undefined
3. 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 pay Rs.10,000/- before the Gujarat State Legal Service Authority within a period of 2 weeks.
4. The present application is disposed of accordingly.
5. 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 Tue Sep 09 2025 Downloaded on : Tue Sep 09 23:44:24 IST 2025