Anilkumar Ramanlal Bardolia vs State Of Gujarat
2023 Latest Caselaw 7620 Guj

                                                                                    NEUTRAL CITATION




    R/CR.RA/362/2015                                  ORDER DATED: 13/10/2023

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         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
          NEGOTIABLE INSTRUMENT ACT) NO. 362 of 2015
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                       ANILKUMAR RAMANLAL BARDOLIA
                                  Versus
                        STATE OF GUJARAT & 1 other(s)
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Appearance:
MR JAYESH A DAVE(253) for the Applicant(s) No. 1
MS DIVYANGNA JHALA, ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
YASH P MOHTA(7423) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
                  Date : 13/10/2023
                   ORAL ORDER

1. Present Revision Application is filed challenging the

judgments and orders passed by the learned 4 th Civil and

Additional Chief Judicial Magistrate, Surat in Private

Criminal Case No.19577 of 2010 dated 08.07.2014 and

learned 10th Additional Sessions Judge, Surat dated

06.07.2015 in Criminal Appeal No.74 of 2014.

2. The fact of the case is that the complaint came to be filed

under Section 138 of the Negotiable Instruments Act,

1881 ('the N.I.Act' hereinafter) being Private Criminal

Case No.19577 of 2010 by the complainant against the

present applicant, wherein the present applicant was

convicted and ordered to undergo the simple

imprisonment for 09 months and to pay the

compensation of Rs.15,000/- to the complainant. Against

NEUTRAL CITATION

R/CR.RA/362/2015 ORDER DATED: 13/10/2023

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the aforesaid order of the conviction, the appeal came to

be preferred being Criminal Appeal No.74 of 2014, which

was ultimately dismissed and order passed by the

learned Judicial Magistrate (First Class) was confirmed.

Being aggrieved by the aforesaid two orders, the present

Revision Application was preferred wherein this Court by

order dated 16.07.2015 had suspended the order of

conviction and enlarged the present applicant on bail.

3. Learned advocate Mr.Dave submits that immediately

after he was enlarged on bail, the settlement was arrived

between the parties and the affidavit to that effect was

filed by the complainant, which is the part of the

compilation at page No.80. Learned advocate Mr.Dave

further submits that in view of the settlement, the orders

passed by both the Courts below are required to be

quashed and revision is required to be allowed.

4. Learned advocate Mr.Yash Mohta for the complainant has

not disputed the above aspect and submitted that if this

Revision Application would be allowed, he would not have

any objection.

NEUTRAL CITATION

R/CR.RA/362/2015 ORDER DATED: 13/10/2023

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5. Considering the submissions advanced by the learned

advocates for the respective parties, as the matter is

settled between the parties and the complainant is

received the amount, which is not disputed, this Court is

of the view that the Revision Application is required to be

allowed and judgments and orders passed by both the

Courts below are required to be quashed and set aside.

6. Resultantly, this application is allowed. The Judgments

and orders passed by the learned 4 th Civil and Additional

Chief Judicial Magistrate, Surat in Private Criminal Case

No.19577 of 2010 dated 08.07.2014 and learned 10 th

Additional Sessions Judge, Surat dated 06.07.2015 in

Criminal Appeal No.74 of 2014 are quashed and set

aside. Bail bond shall stand cancelled.

7. It is clarified that Rs.15,000/- which was deposited as per

the order passed by this Court dated 16.07.2015 be

refunded back to the present applicant on due

verification.

(M. K. THAKKER,J) M.M.MIRZA