Dharmesh Hasmukhbhai Abhani vs State Of Gujarat
2025 Latest Caselaw 2513 Guj

Gujarat High Court

Dharmesh Hasmukhbhai Abhani vs State Of Gujarat on 12 August, 2025

                                                                                                                 NEUTRAL CITATION




                           R/CR.RA/1123/2025                                       ORDER DATED: 12/08/2025

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                                  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                NEGOTIABLE INSTRUMENT ACT) NO. 1123 of 2025

                      ==========================================================
                                               DHARMESH HASMUKHBHAI ABHANI
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MS. ALVEERA S KACHARA(11935) for the Applicant(s) No. 1
                      MR. H K PATEL APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                         Date : 12/08/2025

                                                           ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of

the Respondent - State.

2. Learned advocate Ms.Raksha Khated stated that she has

instructions to appear on behalf of the Respondent No.2 -

Original Complainant and seeks permission to file

Vakalatnama. Registry to accept the Vakalatnama.

3. It is submitted that the present matter has been

amicably settled between the parties. The original

complainant is present before the Court and when asked by

the Court, he confirmed that he has no objection, if conviction

NEUTRAL CITATION

R/CR.RA/1123/2025 ORDER DATED: 12/08/2025

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passed against the present applicant is set aside. Further, in

support of his contention, the original complainant has filed

his affidavit on record and also confirmed his signature.

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 15 th

Additional Chief Judicial Magistrate, Rajkot in Criminal Case

No.13430 of 2017 dated 07.04.2022, convicting the present

applicant original accused under Section 138 of the

Negotiable Instruments Act, 1881 and sentenced him to 1

year simple imprisonment as well as the judgment passed by

the learned 14th Additional Sessions Judge, Rajkot in Criminal

Appeal No.288 of 2022 dated 27.12.2024, rejecting the appeal

and confirming the judgment of the learned Trial Court is

hereby quashed and set aside. The present applicant accused

is hereby acquitted from all the charges and his bail bond

stands cancelled accordingly.

4. 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

NEUTRAL CITATION

R/CR.RA/1123/2025 ORDER DATED: 12/08/2025

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AIR 2010 SC (1907), the applicant has to pay Rs.10,000/-

before the Gujarat State Legal Service Authority within a

period of 2 weeks.

5. The present application is disposed of accordingly.

6. Rule is made absolute. Direct Service is permitted.

(L. S. PIRZADA, J) JCP