Rameshbhai Ambaram Patel vs State Of Gujarat
2025 Latest Caselaw 775 Guj

Gujarat High Court

Rameshbhai Ambaram Patel vs State Of Gujarat on 10 July, 2025

                                                                                                                   NEUTRAL CITATION




                               R/CR.RA/14/2023                                    ORDER DATED: 10/07/2025

                                                                                                                   undefined




                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                    NEGOTIABLE INSTRUMENT ACT) NO. 14 of 2023

                        ==========================================================
                                                     RAMESHBHAI AMBARAM PATEL
                                                               Versus
                                                      STATE OF GUJARAT & ANR.
                        ==========================================================
                        Appearance:
                        MR NIRAD D BUCH(4000) for the Applicant(s) No. 1
                        MRS. BHAVINI N. BUCH(5403) for the Applicant(s) No. 1
                        MR.AMIT R JOSHI(6682) for the Respondent(s) No. 2
                        MR.H.K. PATEL, APP for the Respondent(s) No. 1
                        ==========================================================

                           CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 10/07/2025

                                                               ORAL ORDER

1. When the matter is called out, learned advocate for the respective parties submitted that the matter has been amicably settled. Respondent No.2 bank authorized officer Mr.Kirtikumar Premshankar Raval is present. When asked by this Court to the original complainant he stated that matter has been amicably settled, the bank has already received the cheque amount and he has no objection the present applicant be acquitted from all charges. Further, in support of his contention respondent No.2 original complainant also filed affidavit.

2. Considering the fact that the offence under Section 138 of the Negotiable Instruments Act is compoundable offence, the matter has been amicably settled. Hence by judgment and order passed by the learned 2nd Additional Chief Judicial

NEUTRAL CITATION

R/CR.RA/14/2023 ORDER DATED: 10/07/2025

undefined

Magistrate, Mahesana in Criminal Case No.10176/2016 dated 30.11.2021, convicting the present applicant under Section 138 of the Negotiable Instruments Act and sentencing him to one year of simple imprisonment and judgment passed by the learned Additional Sessions Judge, Mahesana in Criminal Appeal 293/2021 by judgment dated 19.12.2022 rejecting the appeal and confirming the judgment of the conviction by the learned trial Court is quashed and set aside. The present applicant-accused is hereby acquitted from all charges.

3. As per the order passed by the Co-ordinate Bench of this Court on 13.01.2023 the present applicant-accused has deposited Rs.2,74,800/- cheque amount before the Registry of this Court. The same amount is to be refunded back to the present applicant-accused along with the interest, if it is invested in the FDR by due verification.

Rule is made absolute.

Direct service permitted.

(L. S. PIRZADA, J) HRT