Gordhanbhai Sampatbhai Chunara vs State Of Gujarat

Citation : 2025 Latest Caselaw 6571 Guj
Judgement Date : 13 September, 2025

Gujarat High Court

Gordhanbhai Sampatbhai Chunara vs State Of Gujarat on 13 September, 2025

                                                                                                                NEUTRAL CITATION




                          R/CR.RA/856/2025                                      CONCILIATION ORDER DATED:

                                                               13/09/2025                                        undefined




                         IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
                                         BEFORE THE LOK ADALAT


                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                                        ON THIS 13TH DAY OF SEPTEMBER, 2025


                        CONCILIATORS PRESENT: HONOURABLE MR.JUSTICE UTKARSH
                                                          THAKORBHAI DESAI
                                                          AND
                                                           CONCILIATOR - MR. JAL SOLI UNWALLA
                                                          (LD. DESIGNATED SENIOR ADVOCATE)

                                  R/CRIMINAL REVISION APPLICATION NO. 856 of 2025


                          1     GORDHANBHAI
                                SAMPATBHAI CHUNARA
                                CHUNARAVAS,?
                                OPPOSITE APPLEWOOD,
                                PANCH TALAV,?
                                SHANTIPURA, SARKHEJ,?
                                DISTRICT- AHMEDABAD?
                                (NOT ON BAIL/JAIL YET NOT
                                SURRENDER)

                                                                                                Applicant(s)
                                                              VERSUS

                          1     STATE OF GUJARAT                        2    BABUBHAI NATVARBHAI
                                NOTICE TO BE SERVED                          CHUNARA
                                THROUGH PUBLIC                               GANJAKHAN,?
                                PROSECUTOR,?                                 BESIDE PWD, SANAND?
                                HIGH COURT OF GUJARAT,?                      DISTRICT AHMEDABAD
                                AHMEDABAD

                                                                                            Respondent(s)
                      ==========================================================

Appearance:

MR SHIRISH R PATEL(5605) for the Applicant(s) No. 1 MS MEENA VYAS(3315) for the Respondent(s) No. 2 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================================== Page 1 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Sep 17 2025 Downloaded on : Wed Sep 17 22:26:48 IST 2025 NEUTRAL CITATION R/CR.RA/856/2025 CONCILIATION ORDER DATED:
                                                                   13/09/2025                                          undefined




                                                          CONCILIATION ORDER


1. With the consent of the parties, this matter was taken up for hearing in the Lok Adalat.
2. Respondent No. 2 - original complainant is present today. He has been duly identified by the learned advocate for the applicant. Respondent no. 2 - original complainant has filed an affidavit wherein, he has stated that, he has received the amount of Rs.3,96,000/- and that, he does not wish to proceed with the litigation. He has also stated that, he has no objection if the conviction is quashed and set aside. The affidavit is ordered to be taken on record. Para 4 and 5 of the affidavit reads as hereunder :
"(4) I respectfully say and submits that, the disputed cheque amount of Rs: 11,00,000/-. The accused had been already been paid Rs: 2,20,000/-

before the Ld. Trial court and 1,76,000/- has been deposited before the Ld. Session court. The original complainant herein respondent No:2 has received total amount of Rs: 3,96,000/- out of disputed cheque amount of Rs: 11,00,000/-. The Page 2 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Sep 17 2025 Downloaded on : Wed Sep 17 22:26:48 IST 2025 NEUTRAL CITATION R/CR.RA/856/2025 CONCILIATION ORDER DATED:

13/09/2025 undefined remaining un-paid amount of Rs. 7,04,000/- is may be deposited by the present applicant accused before the trial court by virtue of order dated: 19/6/2025 by this honorable court.

(5) I respectfully say and submits that the court shall have pass an order for withdraw or disburse the said amount of Rs. 7,04,000/- which is deposited by the applicant accused before the trial court on receipts no: 1-7033653 dated:

5/7/2025 as per the ordered by the High Court of Gujarat order dated: 19/6/2025 in the favor of the present respondent no:2, original complainant on the name of BABUBHAI NATVARBHAI CHUNARA after verification, the respondent no:2 shall have no objection to quash and set aside the conviction order dated: 30/9/2023 passed by the Judicial Magistrate Sanand District:
Ahmedabad in CC No: 2852 and order dated: 25/4/2025 passed by the 7 th Additional District Judge Ahmedabad Sanand District Ahmedabad in Criminal Appeal No: 157 of 2023 confirmed the trial court order. Further the original complainant has assured that the disputed amount has been settled and not proceed and civil suit in future.
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NEUTRAL CITATION R/CR.RA/856/2025 CONCILIATION ORDER DATED:
13/09/2025 undefined It is moreover submitted that if any documents executed in pursuance to the cheques in question, would also stand cancelled by way of present settlement and parties would also not claim contrary to the settlement in future also."
3. The amount which has been deposited of Rs. 7,04,000/- by the accused before the Trial Court to be given to the original complainant - BABUBHAI NATVARBHAI CHUNARA upon due identification and verification.
4. In view of the settlement arrived at between the parties and in view of the fact that, now the original complainant does not want to continue with the proceedings, the impugned order and judgment of conviction dated 30.09.2023 passed by the Learned Additional Chief Judicial Magistrate First Class, Sanand, Ahmedabad (Rural) in Criminal Complaint No. 2852 of th 2021 and sentence imposed by the learned 7 Additional District and Sessions Judge, Ahmedabad (Rural) dated 25.04.2025 in Criminal Appeal No.157 of 2023 as well as consequential proceedings arising therefrom are hereby quashed and set aside.
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NEUTRAL CITATION R/CR.RA/856/2025 CONCILIATION ORDER DATED:

                                                               13/09/2025                                          undefined




                      5.     In    view       of    the    aforesaid         settlement     between           the

parties, present revision application is allowed. In view of disposal of main revision application, all connected applications also stand disposed of. Rule/ notice, if any, shall stand discharged. The order passed in this revision application shall not be treated as precedent in any other matter including any case arising out of the same incident.

(UTKARSH THAKORBHAI DESAI, J) CONCILIATOR (JAL SOLI UNWALLA, SENIOR ADVOCATE) CONCILIATOR MAYA Page 5 of 5 Uploaded by MAYA S. CHAUHAN(HC01402) on Wed Sep 17 2025 Downloaded on : Wed Sep 17 22:26:48 IST 2025