Gujarat High Court
Parsotambhai Gokalbhai Malviya vs State Of Gujarat on 13 August, 2025
NEUTRAL CITATION
R/CR.RA/1368/2025 ORDER DATED: 13/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1368 of 2025
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PARSOTAMBHAI GOKALBHAI MALVIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HIRENKUMAR M NIYALCHANDANI(9959) for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 13/08/2025
ORAL ORDER
1. Rule. Learned A.P.P. Mr.H.K. Patel waives service of
Rule for the respondent - State.
2. Learned advocate Mr.Shatrughn S. Soni states that
he has instructions to appear for the respondent no.2 -
original complainant and seeks permission to file
vakalatnama. He also placed on record the affidavit filed
by the original complainant.
3. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Soni.
NEUTRAL CITATION
R/CR.RA/1368/2025 ORDER DATED: 13/08/2025
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4. The learned advocates for the respective parties
jointly state that the matter has been amicably settled
between the parties and the cheque amount has already
been paid to the respondent no.2 - original complainant.
Respondent no.2 - Hardikbhai Kantibhai Ramani is
personally present before the Court and upon asked by
the Court, the respondent no.2 submitted that the matter
is amicably settled between the parties and he has
received the cheque amount and has no objection if the
order of conviction passed against the present applicant -
accused is quashed and set aside and the applicant -
accused is acquitted from the charges levelled against
him. Further, the respondent no.2 has also placed on
record the affidavit and in the affidavit, he has confirmed
the aforesaid aspect.
5. Considering the fact that the present accused is
convicted under Section 138 of the Negotiable
Instruments Act, 1881, which is a compoundable offence
and the matter is amicably settled between the parties
and the cheque amount has already been paid to the
NEUTRAL CITATION
R/CR.RA/1368/2025 ORDER DATED: 13/08/2025
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original complainant, the present Criminal Revision
Application is hereby allowed and the order passed by the
learned 17th Chief Judicial Magistrate, Rajkot in Criminal
Case No.8217 of 2018 dated 16.02.2024, convicting the
applicant - original accused under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced him to
one year simple imprisonment and as well as the
judgment passed by the learned 13th Additional Sessions
Judge, Rajkot in Criminal Appeal No.127 of 2024 dated
31.07.2025, dismissing the appeal of the present
applicant - accused and confirming the judgment of the
learned Trial Court is hereby quashed and set aside. The
present applicant - accused has been acquitted from all
the charges and his bail bond stands cancelled
accordingly. Further, as the present applicant - accused
is in judicial custody, he is ordered to be released from
jail immediately, if he is not required in any other offence.
6. 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.
NEUTRAL CITATION
R/CR.RA/1368/2025 ORDER DATED: 13/08/2025
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reported in AIR 2010 SC (1907), the applicant has to
deposit amount of Rs.10,000/- before the Gujarat State
Legal Service Authority within 2 weeks.
7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(L. S. PIRZADA, J)
Hitesh
