Gujarat High Court
Patel Maheshbhai Ranchhodbhai vs State Of Gujarat on 17 January, 2024
NEUTRAL CITATION
R/CR.RA/1391/2023 ORDER DATED: 17/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1391 of 2023
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PATEL MAHESHBHAI RANCHHODBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR.KIRIT R CHAUDHARI(3745) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JIRGA JHAVERI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 17/01/2024
ORAL ORDER
1. This appeal is filed challenging the judgment and order of
conviction passed by learned Additional Civil Judge and Judicial
Magistrate First Class, Vijapur in Criminal Case No.1785 of 2020
dated 12.1.2023 and confirmed by learned 5 th Addl. Sessions
Judge, Mehsana in Criminal Appeal No.148 of 2023 dated
3.10.2023. Learned Court below by the impugned judgment and
order convicted the respondent-accused for the offence
punishable under Section 138 of the Negotiable Instruments Act
and ordered to undergo simple imprisonment of 6 months along
with the fine of Rs.1,65,000/-.
2. At the outset, learned advocate, Ms.Zeel N. Raval,
appearing on behalf of original complainant filed an affidavit of
the original complainant stating that the amount of fine /
compensation was received by the complainant and the matter
was amicably settled due to the intervention of the community
leaders and stated that he has no objection if the impugned
NEUTRAL CITATION
R/CR.RA/1391/2023 ORDER DATED: 17/01/2024
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judgment and order of conviction is set aside and this revision is
allowed. The said affidavit is ordered to be taken on record.
3. Learned advocate for the applicant submits that the
applicant-accused has already surrendered before the jail
authority on 16th January, 2024 and at present, he is in jail.
4. Considering the submissions, this Court finds that the
amount of the fine has already been paid to the complainant and
complainant has filed the affidavit stating that he has no
objection if this Revision Application is allowed and judgment and
order of conviction is quashed.
5. Resultantly, this Revision Application is allowed. The
impugned judgment and order of conviction passed by learned
Additional Civil Judge and Judicial Magistrate First Class, Vijapur
in Criminal Case No.1785 of 2020 dated 12.1.2023 and
confirmed by learned 5th Addl. Sessions Judge, Mehsana in
Criminal Appeal No.148 of 2023 dated 3.10.2023, passed by
learned Courts below are hereby quashed.
6. As in the present application, settlement was arrived at the
stage of filing of Revision Application and as per the judgment
rendered by the Hon'ble Apex Court in the case of Damodar S.
Prabhu vs. Sayed Babalal H. reported in (2010) 5 SCC 663
Rs.20,000/- be deposited with the District Legal Aid Services
Authority, Mehsana within a period of 4 weeks from today.
7. It is clarified that the amount which is deposited with the
learned trial Court at the appellate stage, on 26.6.2023 of
NEUTRAL CITATION
R/CR.RA/1391/2023 ORDER DATED: 17/01/2024
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Rs,.33,000/- be returned back to the applicant, i.e. Patel
Maheshbhai Ranchhodbhai.
8. In view of above, this Revision Application is allowed.
Direct service is permitted.
(M. K. THAKKER,J)
ASHISH M. GADHIYA
