Gujarat High Court
Hardikbhai Mukeshbhai Patni @ Soni vs State Of Gujarat on 7 July, 2025
NEUTRAL CITATION
R/CR.RA/402/2024 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 402 of 2024
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HARDIKBHAI MUKESHBHAI PATNI @ SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR S M SOJATWALA(3499) for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 07/07/2025
ORAL ORDER
1. Learned advocate Mr.Kalpesh Pandit states that he
has instructions to appear for the respondent no.2 -
original complainant and seeks permission to file
vakalatnama.
2. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Pandit.
3. Rule. Learned APP waives service on behalf of the
Respondent - State.
4. Learned advocate Mr.S.M. Sojatwala for the
NEUTRAL CITATION
R/CR.RA/402/2024 ORDER DATED: 07/07/2025
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applicant submitted that the present matter has been
amicably settled between the parties and the cheque
amount has already been paid to the original
complainant. The respondent no.2 - original complainant
is present before the Court and upon asked by this Court,
he confirmed that the matter has been amicably settled
and he has already received the cheque amount from the
accused and he has no objection, if the present applicant
is acquitted from all the charges and the conviction is set
aside. Further, in support of his contentions, the learned
advocate for the respondent no.2 has filed the affidavit of
the original complainant, which is taken on record.
5. Considering the fact that the present 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 cheque amount has already been paid to the
original complainant, the present application is hereby
allowed and the order dated 27.02.2020 passed by the
learned Additional Chief Metropolitan Magistrate, N.I.A.
NEUTRAL CITATION
R/CR.RA/402/2024 ORDER DATED: 07/07/2025
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Court No.28, Ahmedabad in Criminal Case No.23813 of
2017, convicting the applicant - accused under Section
138 of the Negotiable Instruments Act and sentencing
him to 1 year's simple imprisonment and to pay the total
cheque amount by way of compensation, in default,
further 3 months' simple imprisonment, which is
confirmed by the judgment dated 12.01.2024 passed by
the learned Principal Judge, City Civil & Sessions Court,
Ahmedabad in Criminal Appeal No.132 of 2020,
dismissing the appeal of the present applicant - accused,
is hereby quashed and set aside. The present applicant -
accused is hereby acquitted from all the charges and his
bail bond stands cancelled accordingly.
6. Considering the facts and circumstances of the case
and considering the judgment of the Hon'ble Apex Court
in the case of Damodar S.Prabhu vs Sayed Babalal H.
reported in AIR 2010 SC (1907), the applicant - accused
has to deposit 5% of the cheque amount before the
Gujarat State Legal Service Authority within 2 weeks.
NEUTRAL CITATION
R/CR.RA/402/2024 ORDER DATED: 07/07/2025
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7. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(L. S. PIRZADA, J)
Hitesh
