Gujarat High Court
Anil Vaghjibhai Rathod vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/CR.RA/603/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 603 of 2025
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ANIL VAGHJIBHAI RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.B D.BHATT(3891) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 24/04/2025
ORAL ORDER
[1.0] RULE. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive service of
notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and
with consent of the learned advocates appearing for the respective
parties as well as considering the fact that the dispute amongst the
applicant and original complainant has been resolved amicably, this
application is taken up for final disposal forthwith as alleged
offence is bailable and compoundable.
[3.0] By way of this application under Section 397 (section 438 of
BNSS) read with Section 401 (section 442 of BNSS) of the Code of
Criminal Procedure, 1973 (for short "CrPC"), the applicant has
prayed for quashing and setting aside the order dated 09.04.2024
passed by the learned Additional Chief Judicial Magistrate, Petlad
in Criminal Case No.674 of 2023, whereby the Trial Court has been
NEUTRAL CITATION
R/CR.RA/603/2025 ORDER DATED: 24/04/2025
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pleased to hold the applicant guilty for the offence punishable
under Section 138 of N.I. Act and sentenced to undergo SI of 1 year
months and also directed to pay cheque amount i.e. an amount of
Rs.1,25,000/- to the original complainant as compensation. The said
order was assailed before the learned 3rd Additional District &
Sessions Judge, Petlad by way of impugned Judgment and order of
sentence dated 29.03.2025 in Criminal Appeal No.09/2024. The said
appeal came to be dismissed and the order of conviction has been
confirmed and upheld by the concerned Additional Sessions Judge.
Hence, this Revision Application is filed.
[4.0] Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present application. At
the outset, it is submitted that the parties have amicably resolved
the issue. It is further submitted that in view of the fact that the
dispute is resolved, present application deserves consideration.
[5.0] Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that
considering the seriousness of the offence, present application may
be rejected.
[6.0] Learned advocate Mr.Javed S. Qureshi for the Original
Complainant has received instructions to appear on behalf of the
original-complainant. He is permitted to file his appearance before
the Registry.
[6.1] Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
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R/CR.RA/603/2025 ORDER DATED: 24/04/2025
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learned advocate for original complainant also relied upon the
affidavit filed by the original complainant - Mr.Gopalbhai
Babubhai Patel, who is also personally present in person before
the Court and is identified by learned advocate for the original
complainant. The affidavit sworn by the original complainant is
taken on record. On inquiry made by the Court, original
complainant has declared before this Court that the dispute
between the applicant and the original complainant is resolved and
therefore, now the grievance stands redressed. It is therefore
submitted that the present application may be allowed.
[7.0] At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled and now the original
complainant does not wants to pursue for the further litigation as
complainant and applicant have settled the matter and in this
regard, affidavit of original complainant has been placed, which is
taken on record. The contents of the affidavit is also admitted by
the original complainant. Even complainant has remained present
before this Court and stated that he has no objection if the
conviction recorded by the learned Trial Court as well as Appellate
Court is set aside.
[8.0] Considering the fact that the dispute is settled between the
parties and the applicant has paid the cheque amount to the
complainant and said fact has been confirmed by the complainant
as offence is compoundable one at any stage under Section 147 of
the NI Act. But, as accused has settled the dispute at belated stage
before this Court, in view of the decision rendered in the case of
Damodar S. Prabhu Vs. Sayed Babalal H, reported in 2010(5) SCC
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R/CR.RA/603/2025 ORDER DATED: 24/04/2025
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663, accused is required to be saddled with cost.
[9.0] Resultantly, this revision application is allowed. The
order dated 09.04.2024 passed by the learned Additional Chief
Judicial Magistrate, Petlad in Criminal Case No.674 of 2023 as well
as the judgment and order of sentence dated 29.03.2025 passed in
Criminal Appeal No.09/2024 by the learned 3rd Additional District &
Sessions Judge, Petlad are hereby quashed and set aside with
respect to the applicant, subject to deposit of 15% of the amount
of cheque i.e. Rs.18,750/- out of the total cheque amount of
Rs.1,25,000/- before the Gujarat State Legal Services Authority.
[10.0] On compliance of the said order, if the applicant is
behind the bar, he shall be released subject to deposit of aforesaid
amount of cost, if his presence is no longer required in any other
criminal offence.
[11.0] The present application is allowed qua applicant. Rule is
made absolute. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
KUMAR ALOK
