Gujarat High Court
Karansingh Makhansinh Chauhan ... vs State Of Gujarat on 7 August, 2025
NEUTRAL CITATION
R/CR.RA/899/2025 ORDER DATED: 07/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 899 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 899 of 2025
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KARANSINGH MAKHANSINH CHAUHAN DIRECTOR OF INFRA
TOLLYWAY PVT. LTD.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1
MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 07/08/2025
ORAL ORDER
1) Rule. Learned APP waives service on behalf of the
Respondent - State.
2) When the matter is called out, learned advocate Mr.
Wasim M. Pathan stated that he has instructions to
appear on behalf of the Respondent No. 2 - Original
Complainant. It is submitted that the present matter has
been amicably settled between the parties and the
cheque amount has already been received. Further, it is
submitted that the original complainant has filed his
NEUTRAL CITATION
R/CR.RA/899/2025 ORDER DATED: 07/08/2025
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affidavit on record and also confirmed the fact that the
cheque payment has already been paid and he has no
objection, if conviction passed by the learned Trial Court
is set aside.
3) Learned advocate for the applicant submitted that the
learned Trial Court has convicted the present applicant
under Section 138 of the Negotiable Instruments Act,
1881 and thereafter, the appeal has not been preferred
by the present applicant before the learned District
Court. However, directly, he has filed his revision
application before this Hon'ble Court and submitted that
the matter has been amicably settled between the
parties. Further, he has put reliance upon the order
passed by the Co-ordinate Bench of this Court that in the
revision application, the order of the learned Trial Court
can be challenged if it has been amicably settled
between the parties.
4) Considering the fact that the present accused is
convicted under Section 138 of the Negotiable
Instruments Act, 1881 with compoundable offence and
the matter is amicably settled between the parties, the
NEUTRAL CITATION
R/CR.RA/899/2025 ORDER DATED: 07/08/2025
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judgment passed by the learned Judicial Magistrate,
First Class, Matar in Criminal Case No.196 of 2022
dated 29.04.2025, convicting the present applicant
original accused under Section 138 of the Negotiable
Instruments Act, 1881 and sentenced the present
applicant to 2 years simple imprisonment is hereby
quashed and set aside. The present applicant - original
accused is hereby acquitted from all the charges and his
bail bond stands cancelled accordingly.
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 pay
5% of the cheque amount before the Gujarat State Legal
Service Authority within a period of 3 weeks.
6) The present Criminal Misc. Application is disposed of
accordingly.
7) Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
