[Cites 3, Cited by 0]
Gujarat High Court
Sumitraben Ravjibhai Kateriya vs Kiran R. Sukhadiya on 1 December, 2025
NEUTRAL CITATION
R/CR.RA/2234/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 2234 of 2025
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SUMITRABEN RAVJIBHAI KATERIYA
Versus
KIRAN R. SUKHADIYA & ANR.
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Appearance:
KANTIBHAI T PANDOR(8652) for the Applicant(s) No. 1
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
MR. ROHAN N. SHAH, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 01/12/2025
ORAL ORDER
1. Learned advocate Mr. Maulik Sayani states that he has instructions
to appear on behalf of the respondent No. 1 herein - original complainant
and shall file his Vakalatnama before the Registry. Registry to accept his
Vakalatnama.
2. Rule is fixed forthwith. Learned Additional Public Prosecutor as
well as learned advocate appearing for the original complainant waive
service of notice of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present application, with the
consent of the learned advocates appearing for the respective parties as
well as considering the fact that the dispute amongst the applicant and
original complainant has been resolved amicably, this application is taken
up for final disposal today as alleged offence is compoundable.
4. By this revision application under Section 438 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short "BNSS") read with section
NEUTRAL CITATION
R/CR.RA/2234/2025 ORDER DATED: 01/12/2025
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442 of BNSS, the applicant has prayed for quashing and setting aside the
judgment and order dated 21.02.2024 passed by the learned Chief Judicial
Magistrate, Mahesana in Criminal Case No. 6379 of 2019, whereby the
trial Court held the applicant guilty for the offence under Section 138 of
the Negotiable Instruments Act, 1881 (for short "NI Act") and sentenced
to undergo Simple Imprisonment (SI) of one and half years and also
directed to pay Rs.2,27,100/- one and half times amount of the cheque
amount to the original complainant as compensation. The said order was
assailed before the learned 4th Additional Sessions Judge, Mahesana by
way of Criminal Appeal No. 150 of 2024, which came to be dismissed
vide judgment and order dated 20.05.2025 and the order of conviction has
been confirmed and upheld. Aggrieved thereby, this revision application
is filed.
5. Learned advocate for the applicant has taken this Court through
the factual matrix arising out of the present application. However, it is
submitted that the parties have amicably resolved the issue. It is further
submitted that in view of the fact that the dispute is resolved, present
application deserves consideration.
6. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. Original
complainant - Kiran R. Sukhadiya, authorized officer of HDFC Bank
Ltd. appeared before the Court. The complainant affirms the factum of
settlement. He has also filed an affidavit, which is taken on record, stating
therein that he has no objection if the judgment and orders impugned in
this revision application are quashed and set aside. On inquiry made by
NEUTRAL CITATION
R/CR.RA/2234/2025 ORDER DATED: 01/12/2025
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the Court, the original complainant has declared before this Court that the
dispute between the applicant and the Bank and the applicant
subsequently entered into a settlement, under which the Bank agreed to
accept a sum of Rs.2,00,000/- towards full and final settlement of the
outstanding dues and the said amount has been duly received by the Bank
and no further amount remains outstanding. It is, therefore, submitted that
the present application may be allowed.
7. Learned Additional Public Prosecutor appearing for the State has
submitted that in the facts and circumstances of the case and in view of
the extant law, Court may pass appropriate orders.
8. Considering the fact that the dispute is settled between the parties
and that the applicant has paid the settlement amount of Rs.2,00,000/- to
the complainant and said fact has been confirmed by the complainant, as
the offence is compoundable one at any stage under Section 147 of the NI
Act.
9. Resultantly, this revision application is allowed. The judgment and
orders impugned in this revision application, referred to herein above, are
hereby quashed and set aside. The applicant is acquitted of the present
charge. Bail bond, if any, shall stand cancelled. Surety shall be
discharged.
10. Rule is made absolute to the aforesaid extent. Direct service is
permitted.
(P. M. RAVAL, J)
NITIN MAKWANA
