Gujarat High Court
Patel Arpit Girishbhai vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/CR.RA/155/2025 ORDER DATED: 29/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 155 of 2025
==========================================================
PATEL ARPIT GIRISHBHAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR ROHAN H RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 29/01/2025
ORAL ORDER
[1.0] RULE. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive service of
notice of Rule on behalf of the respective respondents.
[2.0] Considering the issue involved in the present application and
with 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 forthwith as alleged
offence is bailable and compoundable.
[3.0] By way of this application under Section 397 (section 438 of
BNSS) read with Section 401 (section 442 of BNSS) of the Code of
Criminal Procedure, 1973 (for short "CrPC"), the applicant has
prayed for quashing and setting aside the order dated 07.04.2023
passed by the learned Judicial Additional Chief Magistrate, Vijapur
in Criminal Case No.893 of 2020, whereby the Trial Court has been
pleased to hold the applicant guilty for the offence punishable
NEUTRAL CITATION
R/CR.RA/155/2025 ORDER DATED: 29/01/2025
undefined
under Section 138 of N.I. Act and sentenced to undergo SI of 6
months and also directed to pay cheque amount to the original
complainant as compensation. The said order was assailed before
the learned 5th Additional Sessions Judge, Mahesana by way of
impugned Judgment and order of sentence dated 31.07.2024 in
Criminal Appeal No.165 of 2023. The said appeal came to be
dismissed and the order of conviction has been confirmed and
upheld by the concerned Additional Sessions Judge. Hence, this
Revision Application is filed.
[4.0] Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present application. At
the outset, 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.
[5.0] Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that
considering the seriousness of the offence, present application may
be rejected.
[6.0] Learned advocate Ms. Kiran R. Udasi for the Original
Complainant has received instructions to appear on behalf of the
original-complainant. She is permitted to file her appearance before
the Registry.
[6.1] Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for original complainant also relied upon the
NEUTRAL CITATION
R/CR.RA/155/2025 ORDER DATED: 29/01/2025
undefined
affidavit filed by the original complainant - Solanki Dashrathji
Ramaji - Original Complainant who is also personally present in
person before the Court and is identified by learned advocate for
the original complainant. The affidavit sworn by the original
complainant is taken on record. On inquiry made by the Court,
original complainant has 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 application may be allowed.
[7.0] At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled and now the original
complainant does not wants to pursue for the further litigation as
complainant and applicant have settled the matter and in this
regard, affidavit of original complainant has been placed, which is
taken on record. The contents of the affidavit is also admitted by
the original complainant. Even complainant has remained present
before this Court and stated that he has no objection if the
conviction recorded by the learned Trial Court as well as Appellate
Court is set aside.
[8.0] Considering the fact that the dispute is settled between the
parties and the applicant has paid the cheque amount i.e.
Rs.5,61,000/- to the complainant and said fact has been confirmed
by the complainant as offence is compoundable one at any stage
under Section 147 of the NI Act. But, as accused has settled the
dispute at belated stage before this Court, in view of the decision
rendered in the case of Damodar S. Prabhu Vs. Sayed Babalal H,
reported in 2010(5) SCC 663, accused is required to be saddled
NEUTRAL CITATION
R/CR.RA/155/2025 ORDER DATED: 29/01/2025
undefined
with cost.
[9.0] Resultantly, this revision application is allowed. The
order dated 07.04.2023 passed by the learned Judicial Additional
Chief Magistrate, Vijapur in Criminal Case No.893 of 2020 as well as
the judgment and order of sentence dated 31.07.2024 passed in
Criminal Appeal No.165 of 2023 by the learned 5th Additional
Sessions Judge, Mahesana are hereby quashed and set aside with
respect to the applicant, subject to deposit of 15% of the amount
of cheque i.e. Rs.84,150/- out of the total cheque amount of
Rs.5,61,000/- before the Gujarat State Legal Services Authority.
[10.0] On compliance of the said order, if the applicant is
behind the bar, he shall be released subject to deposit of aforesaid
amount of cost, if his presence is no longer required in any other
criminal offence.
[11.0] The present application is allowed qua applicant. Rule is
made absolute. Direct service is permitted.
(HASMUKH D. SUTHAR, J.)
Ajay
