Gujarat High Court
Jalaji Valaji Thakor vs State Of Gujarat on 25 July, 2025
NEUTRAL CITATION
R/CR.RA/1202/2025 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. 1202 of 2025
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JALAJI VALAJI THAKOR
Versus
STATE OF GUJARAT
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Appearance:
MR MONARCH K PANDYA(11437) for the Applicant(s) No. 1
MS JYOTI BHATT 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.Dushyant Bhatt 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.Bhatt.
3. Rule. The learned A.P.P. waives service of Rule for
the respondent - State.
4. Learned advocate Mr.M.K. Pandya for the applicant
submitted that the present applicant is in judicial custody,
NEUTRAL CITATION
R/CR.RA/1202/2025 ORDER DATED: 25/07/2025
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the matter is amicably settled between the parties and
the amount has already been received by the respondent
no.2 - Bank. It is further submitted that learned advocate
for the respondent no.2 has produced the affidavit of
respondent no.2 filed by the respondent no.2 - Bank and
stated that the complainant has no objection, if the order
of conviction passed against the present applicant is
quashed and set aside. The affidavit of respondent no.2 is
taken on record.
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 amount has already been paid to the original
complainant, the present revision application is hereby
allowed. The order passed by the learned 9th Additional
Judicial Magistrate First Class, Mehsana in Criminal Case
No.3023 of 2023 dated 30.09.2024, convicting the
applicant - original accused under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced him to
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R/CR.RA/1202/2025 ORDER DATED: 25/07/2025
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under 3 months' simple imprisonment and as well as the
judgment passed by the learned 3rd Additional Sessions
Judge, Mehsana in Criminal Appeal No.653 of 2024 dated
27.01.2025, 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.
Since the present applicant - accused is in judicial
custody, he shall be released immediately, if he is not
required in any other case. Further, the applicant to
deposit amount of Rs.1000/- before the Gujarat State
Legal Services Authority within two weeks.
6. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(L. S. PIRZADA, J)
Hitesh
