Gujarat High Court
Shivji Puja Sangar vs Proprietor Of Ashirwad Petroleum - ... on 22 July, 2025
NEUTRAL CITATION
R/CR.RA/720/2025 ORDER DATED: 22/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 720 of 2025
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SHIVJI PUJA SANGAR
Versus
PROPRIETOR OF ASHIRWAD PETROLEUM - SHAKIRHUSEN
MOHMADALI VIRANI & ANR.
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Appearance:
MR. JS SADHWANI(3893) for the Applicant(s) No. 1
NAVEEN D PATEL(9030) for the Applicant(s) No. 1
MS. JYOTI BHATT APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 22/07/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the
Respondent - State.
2. Learned advocate Mr. Vanrajsinh Damore has submitted
that he has instructions to appear on behalf of respondent
no.1 and seeks permission to file Vakalatnama. Registry to
accept the Vakalatnama.
3. Learned advocate for the applicant submitted that the
present applicant - accused is in judicial custody and the
present matter has been amicably settled between the parties
and the cheque amount has already been given to the
complainant. Further, learned advocate for the respondent
no.1 has submitted that the original complainant has filed his
NEUTRAL CITATION
R/CR.RA/720/2025 ORDER DATED: 22/07/2025
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affidavit and in the affidavit, it has been confirmed that there
is Memorandum of Understanding has been arrived at
between the complainant and the accused and the same has
already been annexed with the affidavit and stated that he has
received full amount of the cheque and he has no objection, if
conviction is set aside. Further, learned advocate for the
applicant submitted that 20% of the amount of the cheque i.e.
Rs.1,04,000/- before the learned Sessions Court, Bhuj and
stated that the said amount is to be refunded to the present
applicant - original accused and the learned advocate for the
respondent no.1 - original complainant submitted that he has
no objection, if the said amount is to be refunded. Considering
the fact that the present applicant - accused is in judicial
custody and the present applicant - accused is convicted
under Section 138 of the Negotiable Instruments Act, 1881
with compoundable offence and the matter is amicably settled
between the parties, the judgment passed by the learned
Additional Judicial Magistrate, First Class, Mandavi at
Kachchh in Criminal Case No.963 of 2019 dated 11.08.2023,
convicting the present applicant - original accused under
Section 138 of the Negotiable Instruments Act, 1881 and
sentenced the applicant - original accused to one year simple
imprisonment as well as the judgment passed by the learned
8th Additional Sessions Judge, Bhuj at Kachchh in Criminal
Appeal No.115 of 2023 dated 11.03.2024, rejecting the appeal
and confirming the judgment of the learned Trial Court is
hereby quashed and set aside. The present applicant accused
is hereby acquitted from all the charges and his bail bond
stands cancelled accordingly. The present applicant - accused
NEUTRAL CITATION
R/CR.RA/720/2025 ORDER DATED: 22/07/2025
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is in judicial custody and shall be released on bail immediately
from the jail, if is not required in any other offences. Further,
the present applicant has deposited Rs.1,04,000/- before the
learned Sessions Court, Bhuj and the same should be
refunded to the present applicant - original accused by the
learned Sessions Court after due verification.
4. Considering the facts and circumstances of the case and
considering the judgment of the Hon'ble Apex Court in the
case of Damodar S.Prabhu vs Sayed Babalal H. reported in
AIR 2010 SC (1907), the applicant has to pay 5% of the
cheque amount before the Gujarat State Legal Service
Authority within a period of 4 weeks.
5. The present application is disposed of accordingly.
6. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
