Gujarat High Court
Hasmukhbhai Ravjibhai Dalwadi vs State Of Gujarat on 1 October, 2024
NEUTRAL CITATION
R/CR.RA/1470/2024 ORDER DATED: 01/10/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1470 of 2024
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HASMUKHBHAI RAVJIBHAI DALWADI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P S DATTA(11324) for the Applicant(s) No. 1
MR HARDIK MEHTA, ADDL PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 01/10/2024
ORAL ORDER
1. Rule. Learned APP Mr. Hardik Mehta waives service of
notice of rule on behalf of respondent - State. Learned
advocate Mr. Nishith P. Acharya who has instructions to
appear on behalf of original complainant waives service of
notice of rule. He is permitted to file his appearance in
Registry. Registry to accept the same.
2. The present application under the provisions of Section
397 read with Section 401 of the Code of Criminal Procedure
challenging the judgment and order dated 23.08.2024 passed
by the learned 11th Additional District and Sessions Judge,
Rajkot in Criminal Appeal No.565 of 2023, whereby the order
passed by the learned Presiding Officer, Special Negotiable
NEUTRAL CITATION
R/CR.RA/1470/2024 ORDER DATED: 01/10/2024
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Instruments Act Court, Rajkot on 10.07.2023 in Criminal Case
No.18991 of 2019 convicted the applicant for the offence
punishable under Section 138 of the Negotiable Instruments Act
came to be confirmed.
3. Facts and circumstances giving rise to filing of such
application are such that respondent no.2 herein is a Co-
operative Society which is in business of money lending. The
applicant herein had borrowed some amount from the
complainant society and had issued a cheque amounting to
Rs.1,09,613/- towards repayment of the said loan. The society
produces such cheque before the bank which had returned
with an endorsement of "insufficient fund". The society had,
therefore, issued a notice to the present applicant which did
not held the desired result and therefore the complaint came
to be filed against the present applicant for offence punishable
under Section 138 of the Negotiable Instruments Act. After
conducting of trial for the said offence the applicant came to
be convicted for offence inquestion vide judgment and order
dated 10.07.2023 passed by the learned Presiding Officer,
Special Negotiable Instruments Act Court, Rajkot and was
sentenced to undergo simple imprisonment for One year. The
applicant was further directed to pay the sum of Rs.1,09,613/-
to the complainant society as compensation. Being aggrieved
and dissatisfied by the said order, the applicant had preferred
NEUTRAL CITATION
R/CR.RA/1470/2024 ORDER DATED: 01/10/2024
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an appeal being Criminal Appeal No.565 of 2023 before the
learned Sessions Court, Rajkot which came to be dismissed by
the learned Sessions Court, Rajkot on 23.08.2024, which is
impugned in the present application.
4. Heard learned advocate Shri P. S. Datta appearing for
the applicant. He submitted that the parties have amicably
settled the dispute outside the Court and the applicant herein
had also deposited sum of Rs.22,000/- being 20% amount of
the total cheque amount before the learned trial Court at the
time of filing appeal before the Sessions Court. Thereafter,
applicant herein has also paid the remaining amount to the
complainant society and the and the loan account of the
applicant has also been closed. He further prayed to allow the
present application and quashed and set aside the orders
referred to herein above.
5. Learned advocate Mr. Nishith P. Acharya appearing for
respondent No.2 has submitted an affidavit affirmed by one
Shaileshbhai D Desai, Secretary, Bagasara Nagrik Sahakari
Mandali, Rajkot, wherein it is stated that the matter has been
amicably settled between the parties and now there is no
outstanding amount left to be recovered by the complainant
from the present applicant and the complainant has no
objection if the conviction of the present applicant is quashed
NEUTRAL CITATION
R/CR.RA/1470/2024 ORDER DATED: 01/10/2024
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and set aside. He, therefore, submitted to pass an appropriate
order.
6. This Court has also heard learned APP appearing for the
respondent - State.
7. Heard learned advocates appearing for the respective
parties. Perused the record. Having regard to the fact that the
entire amount of cheque has been paid by the present
applicant to the respondent - society and respondent in turn
has also closed the loan account of the present applicant, it
appears that the cause for continuing with the proceedings of
the present application does not survive any more.
8. The present application is hereby allowed. The order
passed by the learned 11th Additional Sessions Judge, Rajkot on
23.08.2024 in Criminal Appeal No.565 of 2023 and the order
passed by the learned Negotiable Instruments Act Court on
12.07.2023 in Criminal Case No.18891 of 2019 are ordered to
be quashed and set aside. Rule is made absolute accordingly.
Direct service is permitted.
(M. R. MENGDEY,J)
DRASHTI K. SHUKLA
