Gujarat High Court
Amichandbhai Nagarbhai Kugasiya vs State Of Gujarat on 28 April, 2025
NEUTRAL CITATION
R/CR.RA/561/2025 ORDER DATED: 28/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 561 of 2025
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AMICHANDBHAI NAGARBHAI KUGASIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KEVAL R DHOLAKIYA(12277) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
MR HK PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 28/04/2025
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 15.02.2024
passed by the learned 2nd Additional Chief Judicial Magistrate, ,
Banaskantha-Palanpur in Criminal Case No.3118 of 2018, whereby
NEUTRAL CITATION
R/CR.RA/561/2025 ORDER DATED: 28/04/2025
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the Trial Court has been 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 and also directed to pay cheque amount i.e. an
amount of Rs.9,50,000/- to the original complainant as
compensation. The said order was assailed before the learned 2nd
Additional Sessions Judge, Palanpur At-Banaskantha by way of
impugned Judgment and order of sentence dated 10.03.2025 in
Criminal Appeal No.102 of 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.Paresh A. Patel 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.
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R/CR.RA/561/2025 ORDER DATED: 28/04/2025
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[6.1] Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for original complainant also relied upon the
affidavit filed by the original complainant - Mr.Devendrabhai
Kuberbhai 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 i.e.
Rs.9,50,000/- 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
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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 663, accused is required to be saddled
with cost.
[9.0] Resultantly, this revision application is allowed. The
order dated 15.02.2024 passed by the learned 2nd Additional Chief
Judicial Magistrate, Banaskantha-Palanpur in Criminal Case No.3118
of 2018 as well as the judgment and order of sentence dated
10.03.2025 passed in Criminal Appeal No.102 of 2024 by the
learned 2nd Additional Sessions Judge, Palanpur At-Banaskantha
are hereby quashed and set aside with respect to the applicant,
subject to deposit of 15% of the amount of cheque i.e. Rs.1,42,500/-
out of the total cheque amount of Rs.9,50,000/- 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
