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Gujarat High Court
Anilkumar Mansukhlal Parmar vs State Of Gujarat on 4 December, 2025
NEUTRAL CITATION
R/CR.RA/141/2024 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. 141 of 2024
With
R/CRIMINAL REVISION APPLICATION NO. 152 of 2024
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ANILKUMAR MANSUKHLAL PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS TANAVEER K LOLADIA(9994) for the Applicant(s) No. 1
MR ISHAN H RAJDEV(11634) for the Respondent(s) No. 2
ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 04/12/2025
COMMON ORAL ORDER
1. By these revision applications 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 28.01.2020 passed by the Ld.3rd Additional
Senior Civil Judge and Additional Chief Judicial Magistrate,
Rajkot in Criminal Case No. 9539 of 2017 and Criminal
Case No. 9540 of 2017 as well as order dated 28.06.2023
passed by the Ld. 12th Additional Sessions Judge, Rajkot in
Criminal Appeal No. 85/2021 and Criminal Appeal No.
88/2021. Aggrieved thereby, these revision applications are
filed.
2. Learned advocate for the applicant has taken this
Court through the factual matrix arising out of the present
applications. However, it is submitted that the parties have
amicably resolved the issue. It is further submitted that in
NEUTRAL CITATION
R/CR.RA/141/2024 ORDER DATED: 04/12/2025
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view of the fact that the dispute is resolved, present
applications deserve consideration.
3. Learned advocate for original complainants has
reiterated the contentions raised by the learned advocate for
the applicant. Original complainants namely Kishorbhai
Savjibhai Limbani - Respondent No. 2 in Criminal Revision
Application No. 141/2024 as well as Rajeshbhai Maganbhai
Badrakia - Respondent No. 2 in Criminal Revision
Application No. 152/2024 appeared before the Court and
are identified by the learned advocate for the original
complainants. The complainants affirm the factum of
settlement. They have also filed affidavits, which are taken
on record, stating therein that they have no objection if the
judgment and orders impugned in these revision
applications are quashed and set aside. They also state that
they have filed the affidavits without any coercion, threat or
undue influence. On inquiry made by the Court, the
original complainants have declared before this Court that
the dispute between the applicant and the original
complainant is resolved and therefore, now the grievance
stands redressed. It is, therefore, submitted that the
present applications may be allowed.
4. 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.
5. Considering the fact that the dispute is settled
between the parties 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.
6. Resultantly, these revision applications are allowed.
NEUTRAL CITATION
R/CR.RA/141/2024 ORDER DATED: 04/12/2025
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The judgment and orders impugned in these revision
applications, 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. So far as Criminal Revision Application
No. 141/2024 is concerned, an amount of Rs. 63,000/-
deposited by the Applicant - accused shall be disbursed in
favour of the original Complainant and whereas, in
Criminal Revision Application No. 152/2024, an amount of
Rs. 57,000/- deposited by the Applicant - accused shall be
disbursed in favour of the Original Complainant after due
verification.
7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(P. M. RAVAL, J)
MMP
