Gujarat High Court
Rameshbhai Rajabhai Bhogesara vs Nagajan Gangabhai Kadchha on 29 July, 2025
NEUTRAL CITATION
R/CR.RA/742/2025 ORDER DATED: 29/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 742 of 2025
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RAMESHBHAI RAJABHAI BHOGESARA
Versus
NAGAJAN GANGABHAI KADCHHA & ANR.
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Appearance:
MR. VIPUL SAVDAS REVDARIYA(14299) 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 : 29/07/2025
ORAL ORDER
1. Rule returnable forthwith. Learned APP waives service
of notice of Rule on behalf of the respondent no.2-State.
2. Learned advocate Mr. Haresh submitted that he has
an instructions to appear on behalf of the respondent no.1
original complainant. Registry is to accept the vakalatnama.
3. It is submitted by the learned advocate for the
applicant original accused that matter has been amicably
settled between the parties and the cheque amount is
already paid to the original-complainant respondent no.1, is
present through virtual mode and when asked by the Court
respondent no.2 original complainant submitted that he has
received the amount of the cheque and the amount, which
has been deposited by the present applicant accused before
the Learned Sessions Court is required to be paid to the
original complainant. Further, he has stated that he has no
NEUTRAL CITATION
R/CR.RA/742/2025 ORDER DATED: 29/07/2025
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objection, if the conviction is set aside and the present
applicant-accused is acquitted.
4. Considering the fact that the matter has been amicably
settled between the parties and the offence punishable
under Section 138 of the Negotiable Instruments Act is a
compoundable.
5. Considering the fact that the matter has been settled
between the parties, the following order is passed.
6. The judgment passed by the 3rd Additional Chief
Judicial Magistrate Porbandar in Criminal Case no.1151 of
2022, judgment and order dated 04.12.2023 convicting the
present applicant-accused under Section 138 of the
Negotiable Instruments Act and sentencing to one year
simple imprisonment and judgment passed by the Principle
District and Sessions Judge, Porbandar in Criminal Appeal
no.60 of 2023 by judgment dated 25.04.2025 dismissing the
appeal and confirming the judgment of conviction of the
Trial Court is hereby quashed and set aside.
7. The present applicant-accused has been acquitted
from all the charges. Further, the amount of Rs.26,000/-
deposited by the present applicant original accused before
the Learned Sessions Court, Porbandar is to be refunded to
the present respondent no.1 original complainant after due
verification by the concerned Registry.
8. In view of the decision rendered in the case of
NEUTRAL CITATION
R/CR.RA/742/2025 ORDER DATED: 29/07/2025
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Damodar S. Prabhu Vs. Sayed Babalal H, reported in
2010(5) SCC 663, the present applicant has to deposit 5%
of the cheque amount before the Gujarat State Legal Service
Authority within 3 weeks from the date of this order.
(L. S. PIRZADA, J)
CHIRAG D PAL
