[Cites 3, Cited by 0]
Gujarat High Court
Nagajibhai Chhitabhai Rabari vs State Of Gujarat on 2 December, 2025
NEUTRAL CITATION
R/CR.RA/1884/2025 ORDER DATED: 02/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO.
1884 of 2025
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NAGAJIBHAI CHHITABHAI RABARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
VASIMRAJA A KURESHI(8609) for the Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 02/12/2025
ORAL ORDER
1. Learned advocate Mr. Nikhil Maru states that he has
instructions to appear on behalf of the respondent No. 2 herein -
original complainant and shall file his Vakalatnama before the
Registry. Registry to accept his Vakalatnama.
2. Rule. 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.
NEUTRAL CITATION
R/CR.RA/1884/2025 ORDER DATED: 02/12/2025
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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 442 of BNSS, the applicant has prayed for quashing and
setting aside the judgment and order dated 23.06.2023 passed by the
learned Additional Senior Civil Judge and Additional Chief Judicial
Magistrate, Padra in Criminal Case No. 995 of 2020, 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 six months
and also directed to pay the cheque amount to the original
complainant as compensation. The said order was assailed before
the learned 2nd Additional Sessions Judge, Vadodara by way of
Criminal Appeal No. 410 of 2023, which came to be dismissed vide
judgment and order dated 25.06.2025 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
NEUTRAL CITATION
R/CR.RA/1884/2025 ORDER DATED: 02/12/2025
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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.
5.1 The learned advocate for the applicant, on instructions, also
states that the applicant is ready and willing to deposit 7.5% of the
cheque amount towards compounding charge as per the direction of
the Court.
6. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
complainant affirms the factum of settlement. He has also filed an
affidavit, which is on record, stating therein that he has no objection
if the judgment and orders impugned in this revision application are
quashed and set aside. It is also stated in the affidavit that he has
filed the affidavit without any coercion, threat or undue influence. 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 cheque amount to the
NEUTRAL CITATION
R/CR.RA/1884/2025 ORDER DATED: 02/12/2025
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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 and surety, if any, shall stand
discharged.
9.1 The applicant shall deposit 7.5% of the cheque amount
towards compounding charge before the High Court Legal Services
Committee within a period of one week from today.
10. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
[ P. M. Raval, J. ]
hiren/77tss21225
