Gujarat High Court
Riteshbhai S/O. Manubhai Trivedi ... vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/CR.RA/1159/2025 ORDER DATED: 25/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1159 of 2025
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RITESHBHAI S/O. MANUBHAI TRIVEDI PROPRIETOR OF M/S. SHIV
SHAKTI AUTO
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YH MOTIRAMANI(3720) for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 25/07/2025
ORAL ORDER
1. Learned advocate Mr.M.J. Khan states that he has
instructions to appear for the respondent no.2 and seeks
permission to file vakalatnama.
2. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Khan.
3. Rule. The learned A.P.P. waives service of Rule for
the respondent - State.
NEUTRAL CITATION
R/CR.RA/1159/2025 ORDER DATED: 25/07/2025
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4. When the matter is called out, the learned advocates
for the respective parties submitted that the matter is
amicably settled between the parties and the cheque
amount is already received by the respondent no.2 -
original complainant. The respondent no.2 is personally
present before the Court and upon asked by the Court,
the respondent no.2 stated that he has already received
the cheque amount and he has no objection, if the order
of conviction passed against the present applicant is
quashed and set aside. The respondent no.2 has also filed
affidavit and confirmed the said aspect.
5. Considering the fact that the present applicant -
accused is convicted under Section 138 of the Negotiable
Instruments Act, 1881 which is a compoundable offence
and the matter is amicably settled between the parties
and the cheque amount has already been paid to the
original complainant, the present revision application is
hereby allowed. The order passed by the learned
Additional Chief Judicial Magistrate, Gandhinagar in
NEUTRAL CITATION
R/CR.RA/1159/2025 ORDER DATED: 25/07/2025
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Criminal Case No.3326 of 2020 dated 22.11.2022,
convicting the applicant - original accused under Section
138 of the Negotiable Instruments Act, 1881 and
sentencing him to undergo 1 year's simple imprisonment
and as well as the judgment passed by the learned 3 rd
Additional Sessions Judge, Gandhinagar in Criminal
Appeal No.142 of 2022 dated 03.07.2025, dismissing the
appeal of the present applicant - accused and confirming
the judgment of the learned Trial Court is hereby
quashed and set aside. The present applicant accused has
been acquitted from all the charges and his bail bond
stands cancelled accordingly.
6. 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
deposit 5% of the cheque amount before the Gujarat
State Legal Service Authority within 3 weeks.
NEUTRAL CITATION
R/CR.RA/1159/2025 ORDER DATED: 25/07/2025
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7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(L. S. PIRZADA, J)
Hitesh
