Patel Jagatkumar Popatbhai vs State Of Gujarat
2025 Latest Caselaw 1427 Guj

Gujarat High Court

Patel Jagatkumar Popatbhai vs State Of Gujarat on 28 July, 2025

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                             R/CR.RA/1224/2025                                    ORDER DATED: 28/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 1224 of 2025

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                                                  PATEL JAGATKUMAR POPATBHAI
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR KAMLESH S KOTAI(6150) 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 : 28/07/2025

                                                               ORAL ORDER

1. Rule. Learned A.P.P. waives service of Rule on behalf of the respondent - State.

2. Learned advocate Ms. Himani N. Patel submitted that she has instructions to appear on behalf of the respondent No.2 - original complainant. Learned advocate Mr. Kamlesh S. Kota for the applicant. It is submitted that the matter has been amicably settled between the parties. The present applicant - accused is in the judicial custody and he has also paid the cheque amount to the respondent No.2 - original complainant. Learned advocate for the respondent No.2 has confirmed the cheque amount has already been paid and submitted that at

NEUTRAL CITATION

R/CR.RA/1224/2025 ORDER DATED: 28/07/2025

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the time of condoning the delay the present applicant - accused - original complainant was present and he has confirmed the matter has been settled between the parties and he has filed affidavit.

3. Considering the facts that the matter has been amicably settled between the parties. The offence is under Section 138 of the Negotiable Instruments Act which is compoundable offence and the following order is passed.

4. The judgment and order passed by the learned Additional Civil Judge and Judicial Magistrate First Class, Vijapur in Criminal Case No.1647/2022 by judgment and order dated 27.10.2023 sentencing the present applicant - accused to six months of simple imprisonment for the offence under Section 138 of the Negotiable Instruments Act and judgment passed by the learned 4th Additional Sessions Judge, Mahesana in Criminal Appeal No.553/2023 judgment dated 22.02.2024 rejecting the appeal and confirming the judgment of the learned trial Court, is hereby, quashed and set aside. The present applicant has been acquitted from all the charges.

5. Considering the facts and circumstances of the case and considering the judgment of the Hon'ble Apex Court in the

NEUTRAL CITATION

R/CR.RA/1224/2025 ORDER DATED: 28/07/2025

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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 three weeks.

6. The present applicant - accused is in the judicial custody. He should be released immediately, if he is not required in any other offences.

The present application is disposed of accordingly.

Rule is made absolute. Direct service permitted.

(L. S. PIRZADA, J) HRT