Gujarat High Court
Ranjitsinh Ganeshji Thakor vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
R/CR.RA/1319/2025 ORDER DATED: 11/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO.
1319 of 2025
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RANJITSINH GANESHJI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. SHIVANGI M RANA(7053) for the Applicant(s) No. 1
MS BARKHA R MAHESHWARI(10484) for the Respondent(s) No. 2
MR. H K PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 11/08/2025
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of
the Respondent - State.
2. It is submitted by the learned advocate for the applicant
that the present revision application has been preferred
against the confirmation of the conviction under Section 138
of the N.I. Act by the learned Sessions Court. Further, it is
submitted that the present matter has been amicably settled
between the parties and the cheque amount has already been
paid to the original complainant. Learned advocate for the
original complainant submitted that at the time of hearing ogf
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R/CR.RA/1319/2025 ORDER DATED: 11/08/2025
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the delay condonation application, original complainant was
present before the Court and he has stated before the Court
that the matter has been amicably settled and he has no
objection, if conviction is set aside and the same has been
confirmed by the learned advocate for the respondent no.2 -
original complainant. The amount of Rs.38,000/- has been
deposited by the present applicant - accused before the
learned Trial Court and the same amount has been refunded
to the present respondent no.2 - original complainant by the
registry of the concerned Court after due verification.
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 judgment passed by the learned 2 nd
Judicial Magistrate, First Class, Mahesana in Criminal Case
No.388 of 2024 dated 22.07.2024, convicting the present
applicant - original accused under Section 138 of the
Negotiable Instruments Act, 1881 and sentencing to 6 months
simple imprisonment as well as the judgment passed by the
learned 3rd Additional Sessions Judge, Mahesana in Criminal
Appeal No.624 of 2024 dated 28.02.2025, rejecting the appeal
and confirming the judgment of the learned Trial Court is
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R/CR.RA/1319/2025 ORDER DATED: 11/08/2025
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hereby quashed and set aside. The present applicant accused
is hereby acquitted from all the charges and his bail bond
stands cancelled accordingly.
3. 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 Rs.5,000/-
before the Gujarat State Legal Service Authority within a
period of 3 weeks.
4. The present application is disposed of accordingly.
5. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
