Gujarat High Court
Patel Rashminkumar Manilal vs State Of Gujarat on 25 August, 2025
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R/CR.RA/1481/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1481 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 1481 of 2025
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PATEL RASHMINKUMAR MANILAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR K I KAZI(5030) 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 : 25/08/2025
ORAL ORDER
1. Rule. The learned A.P.P. waives service of Rule for
the respondent - State.
2. Learned advocate Ms.Drashti Budhani states that
she has instructions to appear for the respondent no.2 -
original complainant and seeks permission to file
vakalatnama. She 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
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advocate Ms.Budhani.
4. Learned advocate Mr.K.I. Kazi for the applicant -
accused submitted that the matter has been amicably
settled between the parties and the cheque amount has
already been paid to the original complainant.
5. The original complainant is present before the Court
and upon asked by the Court, the complainant stated that
he has received the cheque amount and he 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 all the charges.
Further, the complainant also confirmed the signature on
the affidavit filed by him.
6. 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 and
the cheque amount has already been paid to the original
complainant, the present Criminal Revision Application is
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R/CR.RA/1481/2025 ORDER DATED: 25/08/2025
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hereby allowed. The order dated 17.01.2025 passed by
the learned Judicial Magistrate First Class, Talod in
Criminal Case No.15 of 2024, convicting the applicant -
original accused under Section 138 of the Negotiable
Instruments Act, 1881 and sentenced him to one year
simple imprisonment as well as order 29.07.2025 passed
by the learned Sessions Judge, Sabarkantha at
Himmatnagar in Criminal Misc. Application No.632 of
2025, rejecting the application for condonation of delay of
565 days, are hereby quashed and set aside. The present
applicant - accused has been acquitted from all the
charges and his bail bond stands cancelled accordingly.
Since the present applicant - accused is in judicial
custody, the applicant - accused is ordered to be released
from jail immediately, if he is not required in any other
case.
7. 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
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deposit amount of Rs.10,000/- before the Gujarat State
Legal Service Authority within 2 weeks.
8. The present application is disposed of accordingly.
Rule is made absolute.
9. In view of the order passed in the present
application, connected Criminal Misc. Application No.1 of
2025 does not survive and the same is also disposed of.
Direct service is permitted.
(L. S. PIRZADA, J)
Hitesh
