[Cites 3, Cited by 0]
Gujarat High Court
Bharat Karamshi Chopda vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/CR.RA/2347/2025 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. 2347 of 2025
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BHARAT KARAMSHI CHOPDA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
MR. ROHAN N. 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. Learned advocate Mr. Nabil Khan 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 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
NEUTRAL CITATION
R/CR.RA/2347/2025 ORDER DATED: 04/12/2025
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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 29.05.2023 passed by the
learned 10th Additional Chief Judicial Magistrate, Special Negotiable
Court, Jamnagar in Criminal Case No. 5086 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 two years
and also directed to pay the cheque amount to the original
complainant as compensation. The said order was assailed before the
learned 3rd Additional Sessions Judge, Jamnagar by way of Criminal
Appeal No. 202 of 2023, which came to be dismissed vide judgment
and order dated 30.10.2025 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.
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R/CR.RA/2347/2025 ORDER DATED: 04/12/2025
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6. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant.
Original complainant - Pushprajsinh Yuvrajshin Jadeja - legal heir
of deceased Yuvrajsinh Mangalsinh Jadeja, 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. He also states that he
has filed the affidavit without any coercion, threat or undue
influence. On inquiry made by the Court, 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.
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
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.
NEUTRAL CITATION
R/CR.RA/2347/2025 ORDER DATED: 04/12/2025
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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
