Gujarat High Court
Gohel Mulchandbhai Ambalal vs State Of Gujarat on 11 August, 2025
NEUTRAL CITATION
R/CR.RA/622/2025 ORDER DATED: 11/08/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 622 of 2025
==========================================================
GOHEL MULCHANDBHAI AMBALAL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AV PRAJAPATI(672) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 11/08/2025
ORAL ORDER
1. When the matter is called out, learned advocate Mr. A.V.
Prajapati for the applicant. Respondent No.2 original
complainant is the officer of the Mahesana Nagrik Sahkari
Bank Limited respondent No.2 original complainant
Jigneshkumar Kirankumar Patel is present. He also submitted
his xerox copy of his identity card, it has been placed on
record. Further, learned advocate for the applicant submitted
that the matter has been amicably settled between the parties
and the cheque amount has already been paid to the bank.
Further, draw the attention of this Court and submitted that
the Page No.68, Annexure - C , bank has also issued no due
certificate dated 17.04.2025.
2. Considering the facts that the matter has been amicably
settled between the parties and the officer of the bank also
NEUTRAL CITATION
R/CR.RA/622/2025 ORDER DATED: 11/08/2025
undefined
stated that he has no objection, if the conviction is set aside
and the offence punishable under Section 138 of the Negotiable
Instruments Act is compoundable and the matter has been
amicably settled. The judgment passed by the learned 6 th
Additional Judicial Magistrate First Class, Mahesana in
Criminal Case no.761/2023 by judgment and order dated
07.10.2024 convicting the present applicant - accused for the
offence punishable under Section 138 of the Negotiable
Instruments Act. Sentencing him to one year of simple
imprisonment of judgment passed by the learned 3 rd Addtional
Sessions Judge, Mahesana in Criminal Appeal No.648/2024 by
judgment and order dated 28.03.2025 dismissing the appeal
and confirming the judgment of conviction by the learned trial
Court, is hereby, quashed and set aside. The present applicant
- accused, is hereby, acquitted from all the charges.
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 deposit Rs.10,000/-
before the Gujarat State Legal Service Authority within two
weeks from the date of passing of this order.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J)
HRT
