Gujarat High Court
Kiran Processors Pvt Ltd vs State Of Gujarat on 21 July, 2025
NEUTRAL CITATION
R/CR.RA/1135/2025 ORDER DATED: 21/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1135 of 2025
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KIRAN PROCESSORS PVT LTD. & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BK SINGH(6057) for the Applicant(s) No. 1,2,3
MR. NISARG D SHAH(7299) for the Applicant(s) No. 1,2,3
MR DIPESH D SONI(9996) for the Respondent(s) No. 2
MR.H.K. PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 21/07/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service of Rule on behalf of
the respondent - State.
2. Learned advocate Mr. D.D. Soni submitted that he has
instructions to appear on behalf of the respondent No.2
original complainant.
3. Heard learned advocate for the applicant. It is submitted
that applicant No.3 is in the judicial custody being partner of
applicant No.1. Applicant No.2 is also partner and applicant
No.1 become partnership firm and the present applicant has
NEUTRAL CITATION
R/CR.RA/1135/2025 ORDER DATED: 21/07/2025
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been convicted by the learned trial Court for the offence
punishable under Section 138 of the Negotiable Instruments Act
and same was challenged by way of preferring criminal appeal
before the learned trial Court and the appeal has been
dismissed on merits by the learned Sessions Court. However,
the matter has been amicably settled between the parties. The
cheque amount has already been paid to the original
complainant. Hence, necessary order is required to be passed.
4. The respondent No.2-original complainant-Mr.Ravikumar
Laxmandas Bansal is present and upon asked by the Court, he
stated that the cheque amount has already been received by
him and he has no objection if the judgment of the learned
trial Court and the learned Appellate Court is to be quashed
and set aside. Further, he also stated that the present
applicant-accused has deposited 20% amount before the learned
Appellate Court and he has no objection if the same has been
refunded to the present applicant-accused. Further, respondent
No.2 original complainant also filed affidavit and also confirm
the same.
5. Considering this, the offence under Section 138 of the
Negotiable Instruments Act is compoundable Offence and the
matter has been amicably settled between the parties. The
NEUTRAL CITATION
R/CR.RA/1135/2025 ORDER DATED: 21/07/2025
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judgment and order passed by the learned 12th Additional
Chief Judicial Magistrate, Surat in Criminal Case
No.39101/2007, convicting the present applicant Nos.1, 2 and
3 under Section 138 of the Negotiable Instruments Act and
sentencing applicant Nos. 2 and 3 to one year of simple
imprisonment and judgment passed by the learned 3rd
Additional Sessions Judge, Surat in Criminal Appeal
No.667/2022 dated 30.11.2023 rejecting the appeal, is hereby,
quashed and set aside. The present all the applicant-accused
are acquitted from all the charges.
6. The present applicant No.3 Mr.Dilip Bajaranglal Bansal is
in the judicial custody. He should be released immediately
from the jail, if he is not required in any other offences.
7. The learned District Court has to refund the 20% amount
of cheque deposited by the present applicant to the applicant
Nos.2 and 3 upon due verification.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J)
HRT
