Gujarat High Court
Ambabhai Danabhai Pantrod vs State Of Gujarat on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/1707/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1707 of 2025
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AMBABHAI DANABHAI PANTROD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P P MAJMUDAR(5284) 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 : 12/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the Respondent - State.
2. Learned advocate Mr. Harsh Soni 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 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 - Nanjibhai Jethabhai Kanbi is present before the Court and when asked by the Court, the original complainant submitted that the matter has been amicably settled between the parties and the he has received the full cheque amount and 20% amount deposited by the present applicant - accused Page 1 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:34:35 IST 2025 NEUTRAL CITATION R/CR.RA/1707/2025 ORDER DATED: 12/09/2025 undefined is to be paid to the present applicant - accused and in that, he has no objection and from the verification, and 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 confirmed the signature.
4. 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 2nd Additional Judicial Magistrate, First Class, Deesa in Criminal Case No.50 of 2022 dated 21.05.2024, convicting the present applicant original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to one year simple imprisonment as well as the judgment passed by the learned 6 th Additional Sessions Judge, Banaskantha at Deesa in Criminal Appeal No.73 of 2024 dated 25.08.2025, 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.
4. 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.15,000/-
Page 2 of 3 Uploaded by MR.JAIMIN CHANDRAKANTBHAI PRAJAPATI(HCD0066) on Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:34:35 IST 2025NEUTRAL CITATION R/CR.RA/1707/2025 ORDER DATED: 12/09/2025 undefined before the Gujarat State Legal Service Authority within a period of 4 weeks from 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 Fri Sep 12 2025 Downloaded on : Sat Sep 13 07:34:35 IST 2025