Kanaiyalal Chhaganlal Shah vs State Of Gujarat
2025 Latest Caselaw 1514 Guj

Gujarat High Court

Kanaiyalal Chhaganlal Shah vs State Of Gujarat on 30 July, 2025

                                                                                                               NEUTRAL CITATION




                             R/CR.RA/361/2006                                   ORDER DATED: 30/07/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                   R/CRIMINAL REVISION APPLICATION NO. 361 of 2006

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                                                KANAIYALAL CHHAGANLAL SHAH
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1
                      MR.HIREN M MODI(3732) for the Respondent(s) No. 2
                      MS JYOTI BHATT, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                            Date : 30/07/2025

                                                                ORAL ORDER

1. When the matter is called out, learned advocate for the applicant submitted that the matter has been amicably settled between the parties.

2. Rule returnable forthwith. Learned APP waives service of notice of Rule for the respondent-State.

3. By way of the revision application, the revisionist has challenged the order of conviction passed by the Learned Trial Court under Section 138 of the Negotiable Instruments Act.

4. Learned advocate for the respondent no.2 original- complainant has submitted that the original-complainant Mr. Prahladrai Mohanlal Shah is present before the Court, and he has stated that he has no objection, if the order of conviction is set aside as the matter has been amicably settled between the parties and he has also confirmed the said fact by filing an affidavit, which is placed on record.

NEUTRAL CITATION

R/CR.RA/361/2006 ORDER DATED: 30/07/2025

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5. Considering the fact that the matter has been amicably settled between the parties for offence punishable under Section 138 of the Negotiable Instruments Act is compoundable.

6. Resultantly this revision application is allowed. The order dated 25.02.2002 convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentencing him to three months simple imprisonment passed by the learned 3rd Joint Civil Judge(S. D.) and Judicial Magistrate First Class, Nadiad in Criminal Case no.2047 of 1998 as well as the judgment and order of sentence dated 20.05.2006 passed in Criminal Appeal no.9 of 2002 by the Additional Sessions Judge, Kheda at Nadiad dismissing the appeal, and confirming the judgment of the Learned Trial Court are hereby quashed and set aside with respect to the applicant subject to deposit of Rs.10,000/- before the Gujarat State Legal Services Authority within a period of 2 weeks from the date of passing of this order.

7. On compliance of the said order, if the applicant is behind the bar, he shall be released subject to deposit of aforesaid amount of cost if his presence is no longer required in any other criminal offence.

8. Rule is made absolute.

Direct service is permitted.

(L. S. PIRZADA, J) CHIRAG D PAL