Gujarat High Court
Paresh Shantaram Devlekar vs Deepkamal Automobiles Private Limited ... on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/1673/2025 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. 1673 of 2025
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PARESH SHANTARAM DEVLEKAR
Versus
DEEPKAMAL AUTOMOBILES PRIVATE LIMITED THRO MAHESH
RAMESHCHANDRA PATEL & ANR.
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Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MR. H.K. PATEL APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/09/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service on behalf of the respondent - State.
2. Learned advocate Mr. Sagar D. Vaghasiya upon instructions submitted that he has instructions to appear on behalf of the respondent original complainant and seeks permission to file Vakalatnama with the Registry. Permission is granted. Registry is directed to accept the Vakalatnama.
3. It is submitted that the matter has been settled between the parties and pursuant to the settlement arrived between the parties civil suit no.2694/2012 which was filed by the original Page 1 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:09:48 IST 2025 NEUTRAL CITATION R/CR.RA/1673/2025 ORDER DATED: 12/09/2025 undefined complainant against the present applicant - accused has also been withdrawn in the Lok Adalat on 12.07.2025. Further learned advocate for the applicant has placed on record Memorandum of Understanding (MOU) arrived between the parties, it would be taken on record. Further learned advocate for the respondent original complainant has submitted that he has no objection, if the conviction of the present applicant is to be set aside and acquitted.
4. Considering this facts, the matter has been amicably settled between the parties. The judgment passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act Court No.28, Ahmedabad in Criminal Case no.710/2012 by judgment and order dated 07.02.2017 convicting the present applicant under Section 138 of the Negotiable Instruments Act and sentence him to six months of simple imprisonment and judgment passed by the learned City Civil and Sessions Judge, Ahmedabad, Court No.6 in Criminal Appeal No.109/2017 by judgment dated 01.06.2018 is hereby quashed and set aside and the present applicant accused is hereby acquitted from all the charges.
5. Further, the present applicant accused has deposited Rs.50,000/- before the learned City Civil Court, Ahmedabad the Page 2 of 3 Uploaded by MR.HIMAL.R. TRIVEDI(HCD0071) on Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:09:48 IST 2025 NEUTRAL CITATION R/CR.RA/1673/2025 ORDER DATED: 12/09/2025 undefined same amount is to be paid to the present respondent original complainant by the concerned Registry after due verification.
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.7,500/- before the Gujarat State Legal Service Authority within two 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 Thu Sep 18 2025 Downloaded on : Thu Sep 18 22:09:48 IST 2025