Gujarat High Court
Jashwantbhai Somabhai Patel vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.RA/1244/2022 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 1244 of 2022
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JASHWANTBHAI SOMABHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. PANAM C SONI(7035) for the Applicant(s) No. 1
MR TATSAT A BHATT(12760) 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 : 08/07/2025
ORAL ORDER
Rule. Learned APP waives service on behalf of the
Respondent - State.
When the matter is called out, learned advocate for the
applicant and learned advocate for the respondent no.2 -
original complainant is present.
Heard the learned advocates for both parties and it is
submitted by them that the present matter has been amicably
settled between the parties. Further, the authorized officer -
Mr. Vijay H. Dodia is present before the Court and from the
verification, he confirmed that the matter has been amicably
settled between the parties and in support of his contention,
NEUTRAL CITATION
R/CR.RA/1244/2022 ORDER DATED: 08/07/2025
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the original complainant has filed his affidavit and it is also
stated by the original complainant that he has no objection, if
the present applicant be acquitted from all charges.
Considering the fact that the present accused is
convicted under Section 138 of the Negotiable Instruments
Act, 1881 with compoundable offence, the matter is amicably
settled between the parties and the cheque amount has
already been paid to the original complainant, the judgment
and order passed by the learned Metropolitan Magistrate,
Court No.7, Ahmedabad in Criminal Case No.263 of 2006
dated 21.04.2006, convicting the applicant - original accused
under Section 138 of the Negotiable Instruments Act, 1881
and sentenced the applicant to 30 days simple imprisonment
and to pay the check amount by way of the compensation as
well as the the judgment passed by the learned Additional
Sessions Judge, Court No.18, Ahmedabad in Criminal Appeal
No.39 of 2006, confirming the judgment of the learned Trial
Court is hereby quashed and set aside. The present applicant
accused has been acquitted from all the charges and his bail
bond stands cancelled accordingly.
NEUTRAL CITATION
R/CR.RA/1244/2022 ORDER DATED: 08/07/2025
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The present applicant - accused has deposited
Rs.1,10,000/- before the Registry of this Court and the same
amount be refunded to the respondent no.2 - original
complainant after due verification.
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 pay 5% of the
cheque amount before the Gujarat State Legal Service
Authority.
The present application is disposed of accordingly.
Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
