Gujarat High Court
Pratikkumar Vinodchandra Soni vs State Of Gujarat on 24 February, 2025
NEUTRAL CITATION
R/SCR.A/2883/2025 ORDER DATED: 24/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (MODIFICATION/DELETION OF
CONDITION) NO. 2883 of 2025
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PRATIKKUMAR VINODCHANDRA SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/02/2025
ORAL ORDER
1. This is an application at the instance of the applicant-
accused, seeking to quash and set aside the Condition
No.28(C)(iii) imposed by the learned Additional Sessions Judge,
Panchmahal at Halol vide judgment and order dated
17.01.2025 passed in Criminal Appeal No.72 of 2024 while
partly allowing the appeal.
2. It appears from the record that the complainant borrowed
a sum of Rs.20,000/- from the applicant with interest at the
rate of 2.5% per month, and pledged his gold ornaments as
collateral security for the said loan. The complainant repaid the
said amount with interest aggregating to Rs.35,800/-.
However, upon demand for return of gold ornaments, the
applicant issued a cheque of Rs.60,000/- which came to be
dishonoured due to in sufficient fund, which led the
complainant to file the complaint under Section 138 of the
NEUTRAL CITATION
R/SCR.A/2883/2025 ORDER DATED: 24/02/2025
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Negotiable Instruments Act.
3. Thereafter, the trial has proceeded with, and at the end
of the trial, the learned Chief Judicial Magistrate, vide order
dated 15.10.2024 convicted the applicant-accused, against
which, the applicant preferred an appeal which was partly
allowed by the learned Additional Sessions Judge vide order
dated 17.01.2025 to the extent that the applicant has to pay
the compensation of Rs.60,000/- with interest @ 9% from the
date of cheque within 30 days, and the sentence of
imprisonment of one year was set aside.
4. It also appears from the record that the applicant
appeared before the concerned trial court on 18.02.2025 and
made the payment due and payable by him to the
complainant, however, as the period of 30 days was over on
17.02.2025, and the applicant was late for one day in making
the payment, the concerned trial court sent the applicant in jail
and at present he is in jail. The record further reveals that the
complainant has also declared by filing a pursis that he has
received the entire amount with accrued interest thereon from
the applicant.
5. Thus, in view of the above stated facts and
circumstances of the present case, this Court is of the opinion
that the Condition No.28(C)(iii) deserves to be quashed and set
aside being unjust and improper as the applicant-accused has
already deposited the entire amount owes by him to the
complainant, and a pursis to that effect has also been filed by
the complainant that he has received the entire outstanding
NEUTRAL CITATION
R/SCR.A/2883/2025 ORDER DATED: 24/02/2025
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amount from the applicant with interest accrued thereon.
6. In view of the above, the present application is allowed.
The Condition No.28(C)(ii) imposed by the learned Additional
Sessions Judge, Panchmahal at Halol vide judgment and order
dated 17.01.2025 passed in Criminal Appeal No.72 of 2024 is
hereby quashed and set aside. The applicant be set at liberty
forthwith, if not required in connection with any other offence.
(DIVYESH A. JOSHI,J)
VAHID
