Gujarat High Court

Jash Traders Thro.Its Proprietor vs State Of Gujarat on 1 July, 2025

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                              R/CR.RA/541/2016                                    ORDER DATED: 01/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                  NEGOTIABLE INSTRUMENT ACT) NO. 541 of 2016

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                                             JASH TRADERS THRO.ITS PROPRIETOR
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
                       MR. VARUN G RAI(7135) for the Respondent(s) No. 2
                       H.K. PATEL APP for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 01/07/2025

                                                               ORAL ORDER

1. Learned advocate Mr.P. P. Majmudar for the applicant and the learned advocate Mr.Varun G. Rai for the respondent no.2 is present and the submitted that the matter has been amicably settled between the parties.

2. Respondent No.2 is personally present before the Court and asking him about the settlement, respondent No.2 stated that the matter has been amicably settled between the parties. They received the cheque amount and he has no objection and conviction is to be quashed and set aside and applicant accused acquitted from all the charges. Further, respondent No.

NEUTRAL CITATION

R/CR.RA/541/2016 ORDER DATED: 01/07/2025

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2 has also filed his affidavit to confirming the same. As the present applicant-accused has deposited Rs.30,000/- before this Hon'ble Court, the said amount be paid to the present respondent No.2 original-complainant by the Registry after due verification.

3. Considering the fact that the matter has already been amicably settled between the parties under Section 138 of the Negotiable Instruments Act is a compoundable offense. Hence, Considering the affidavit of the respondent No.2, the judgment and order passed by the learned 7 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.5221/2009 dated 31.12.2012, convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentencing him to one year of simple imprisonment and judgment passed by the learned 15th Ad-hoc Additional District and Sessions Judge, Vadodara in Criminal Appeal No.58/2013 by judgment dated 17.06.2016 dismissing the appeal and confirming the judgment of the learned trial Court, is hereby, quashed and set aside. The present applicant-accused acquitted from all the charges.

4. 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/541/2016 ORDER DATED: 01/07/2025

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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.

5. The present application is disposed of accordingly.

Rule is made absolute.

(L. S. PIRZADA, J) HRT