Gujarat High Court

Rajnikant Kalidas Kapadi vs State Of Gujarat on 8 July, 2025

                                                                                                                   NEUTRAL CITATION




                              R/CR.RA/253/2025                                      ORDER DATED: 08/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 253 of 2025

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                                                      RAJNIKANT KALIDAS KAPADI
                                                               Versus
                                                      STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1
                       DS AFF.NOT FILED (N) for the Respondent(s) No. 2
                       MS.JYOTI BHATT for the Respondent(s) No. 1
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                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 08/07/2025

                                                               ORAL ORDER

1. Learned advocate Mr.Harshil C. Dattani and the learned advocate for the respondent original complainant is present. They submitted that the matter has been amicably settled between the parties and the dues has been paid by the present applicant-accused to the complainant.

2. learned advocate Mr. Dushyant Bhatt has instructions to appear on behalf of the respondent No.2 original complainant and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.

3. Learned advocate Mr.Dushyant Bhatt for the respondent No.2 original complainant virtually present and original complainant is also present virtually and original complainant

NEUTRAL CITATION

R/CR.RA/253/2025 ORDER DATED: 08/07/2025

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stated that the matter has been amicably settled and also confirmed he has no objection if the conviction is to be set aside and also confirm the contents in the affidavit.

4. Considering the facts that the offense under Section 138 of the Negotiable Instruments Act is compoundable offence, the matter is amicably settled. The judgment passed by the learned 7th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No.3569/2022 dated 25.07.2024 convicting the present applicant accused under Section 138 of the Negotiable Instruments Act sentencing him to undergone eight months of simple imprisonment and the judgment passed by the learned Additional Sessions Judge, Jamnagar in Criminal Appeal No.374/2024 by judgment dated 10.01.2025 is hereby quashed and set aside. The present applicant-accused 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 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 two weeks.

The present application is disposed of accordingly.

Rule is made absolute. Direct service permitted.

(L. S. PIRZADA, J) HRT