Gujarat High Court
Maldebhai Vajshibhai Gagiya vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/CR.RA/87/2025 ORDER DATED: 09/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 87 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 87 of 2025
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MALDEBHAI VAJSHIBHAI GAGIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VH KANARA(1881) for the Applicant(s) No. 1
NISHITH P ACHARYA(9308) 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 : 09/09/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service on behalf of the respondent - State.
2. Learned advocate Mr. Ronit Rathod has submitted that he has instructions to appear on behalf of the respondent no.2 original complainant. Further he placed on record affidavit of the respondent no.2.
3. Heard learned advocate for the applicant. It is submitted that the matter has been amicably settled between the parties Page 1 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:59:15 IST 2025 NEUTRAL CITATION R/CR.RA/87/2025 ORDER DATED: 09/09/2025 undefined and the cheque amount has already been paid to the original complainant and requested present judgment of conviction is set aside and present applicant be acquitted from all the charges and the matter has been settled. Respondent no.2 is personally present before this Court and when asked, he stated that he has already received the amount and he has no objection, if the conviction is set aside and the present applicant be acquitted from all the charges. Further, he confirmed his signature on the affidavit and also confirmed the contents in the affidavit. Further, complainant has submitted that 20% amount which has been deposited by the present applicant before the learned District Court is required to be paid to the present applicant - accused.
4. Considering the facts that the offence under Section 138 of the Negotiable Instruments Act is compoundable and considering this judgment passed by the learned 10 th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.3224/2017 by judgment and order dated 31.01.2022 convicting the present applicant accused under Section 138 of the Negotiable Instruments Act and sentence him to one year of simple imprisonment and judgment passed by the learned 2nd Additional Sessions Judge, Jamnagar in Criminal Appeal No. 48/2022 by judgment dated 06.01.2025 dismissing the Page 2 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:59:15 IST 2025 NEUTRAL CITATION R/CR.RA/87/2025 ORDER DATED: 09/09/2025 undefined appeal and confirming the judgment of conviction by the learned Trial Court is hereby quashed and set aside. The present applicant is hereby acquitted from all the charges and 20% of the cheque amount has already been deposited by the present applicant accused to be returned to the present applicant accused by the concerned Registry of the learned Sessions Court after due verification.
5. 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.7,500/- before the Gujarat State Legal Service Authority within three weeks from the date of passing of this order.
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 Fri Sep 12 2025 Downloaded on : Sat Sep 13 04:59:15 IST 2025