[Cites 4, Cited by 0]
Gujarat High Court
Ayushdeep Realty Pvt. Ltd vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/CR.RA/776/2021 ORDER DATED: 04/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO.
776 of 2021
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of
2022
In R/CRIMINAL REVISION APPLICATION NO. 776 of 2021
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AYUSHDEEP REALTY PVT. LTD & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JM BAROT(143) for the Applicant(s) No. 1,2
MR DHRUV R THAKKAR(11280) for the Respondent(s) No. 2
MR UVESH M SHAIKH(11313) for the Respondent(s) No. 2
MR ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 04/12/2025
ORAL ORDER
1. 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.
2. Considering the issue involved in the present application,
NEUTRAL CITATION
R/CR.RA/776/2021 ORDER DATED: 04/12/2025
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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.
3. By this revision application under Section 397 r/w. 401 of the
Criminal Procedure Code, 1973, the applicants have prayed for
quashing and setting aside the judgment and order dated 29.08.2018
passed by the learned Additional Chief Metropolitan Magistrate,
Court No. 30, Ahmedabad in Criminal Case No. 1353 of 2015,
whereby the trial Court held the applicants guilty for the offence
under Section 138 of the Negotiable Instruments Act, 1881 (for short
"NI Act") and the applicant No. 2 was sentenced to undergo Simple
Imprisonment (SI) of two years. The applicants were also directed
to pay the cheque amount to the original complainant as
compensation. The said order was assailed before the learned
Additional Sessions Judge, Court No. 24, City Sessions Court,
Ahmedabad by way of Criminal Appeal No. 561 of 2018, which
came to be dismissed vide judgment and order dated 18.10.2021 and
the order of conviction has been confirmed and upheld. Aggrieved
thereby, this revision application is filed.
4. Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present application.
NEUTRAL CITATION
R/CR.RA/776/2021 ORDER DATED: 04/12/2025
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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.
4.1 The learned advocate for the applicants, on instructions, also
states that 10% of the cheque amount towards compounding charge
has already been deposited before the Gujarat State Legal Services
Authority, as per order dated 22.09.2025 passed in this application.
5. 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. He also states that he has filed the affidavit
without any coercion, threat or undue influence. The original
complainant has declared before this Court that the dispute between
the applicant and the original complainant is resolved and cheque
amount has already been received by the original complainant and
therefore, now the grievance stands redressed. It is, therefore,
submitted that the present application may be allowed.
6. 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.
NEUTRAL CITATION
R/CR.RA/776/2021 ORDER DATED: 04/12/2025
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7. Considering the fact that the dispute is settled between the
parties and that the applicant has paid the cheque amount 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.
8. 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. Rule is made absolute to the aforesaid extent.
8.1 In view of main revision application is disposed of, Criminal
Misc. Application No. 1 of 2025 does not survive and the same
stands disposed of accordingly.
8.2 Direct service is permitted.
[ P. M. Raval, J. ]
hiren/DB-179-tss41225
