Prajapati Mukeshbhai Ramchandbhai vs State Of Gujarat
2025 Latest Caselaw 1586 Guj

Gujarat High Court

Prajapati Mukeshbhai Ramchandbhai vs State Of Gujarat on 1 August, 2025

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                             R/CR.RA/1232/2025                                       ORDER DATED: 01/08/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                  NEGOTIABLE INSTRUMENT ACT) NO. 1232 of 2025

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                                           PRAJAPATI MUKESHBHAI RAMCHANDBHAI
                                                          Versus
                                                 STATE OF GUJARAT & ANR.
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                       Appearance:
                       MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1
                       MR. H.K. PATEL, APP for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 01/08/2025

                                                               ORAL ORDER

1. Rule. Learned A.P.P. waives service of rule on behalf of the respondent - State.

2. Learned advocate Mr. Aayush Bhandari submitted that he has instructions to appear on behalf of the respondent No.2

original complainant and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.

3. Further, it is submitted by the learned advocate for the respective parties the matter has been amicably settled between the parties and the present applicant has already

NEUTRAL CITATION

R/CR.RA/1232/2025 ORDER DATED: 01/08/2025

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been paid the amount of cheque to the original complainant. Original complainant is present before this Court and when asked by the Court, he stated that the matter has been settled and also received the amount and they also filed affidavit and also confirmed that he has singed this affidavit.

4. Considering the fact that the matter has been amicably settled between the parties and the offence under Section 138 of the Negotiable Instruments Act is compoundable offence. Judgment and order passed by the learned 2nd Additional Judicial Magistrate First Class, Mahesana in Criminal Case No.108/2017 by judgment and order dated 23.02.2021, convicting the present applicant under Section 138 of the Negotiable Instruments Act and sentencing him to two years of simple imprisonment and judgment passed by the learned 5 th Additional Sessions Judge, Mahesana in Criminal Appeal No.82/2021 dismissing the appeal and confirming the judgment of conviction by the learned trial Court dated 30.04.2024, is hereby, quashed and set aside. The present applicant - accused, is hereby, acquitted from all the charges.

NEUTRAL CITATION

R/CR.RA/1232/2025 ORDER DATED: 01/08/2025

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5. Considering the facts and circumstances of the case and

considering the judgment of the Hon'ble Apex Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in AIR 2010 SC (1907), the applicant has to deposit 30,000/- before the Gujarat State Legal Service Authority within three weeks from the date of passing this order.

The present application is disposed of accordingly.

Rule is made absolute. Direct service permitted.

(L. S. PIRZADA, J) HRT