Jaydipbhai Govindbhai Vasoya vs State Of Gujarat
2025 Latest Caselaw 777 Guj

Gujarat High Court

Jaydipbhai Govindbhai Vasoya vs State Of Gujarat on 10 July, 2025

                                                                                                                  NEUTRAL CITATION




                              R/CR.RA/1942/2024                                   ORDER DATED: 10/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 1942 of 2024

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                                                   JAYDIPBHAI GOVINDBHAI VASOYA
                                                               Versus
                                                      STATE OF GUJARAT & ANR.
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                        Appearance:
                        MR JAY B AMBANI(13896) for the Applicant(s) No. 1
                        NOTICE SERVED 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. Learned advocate Ms. Pratibha Kumavat submitted that she has instructions to appear on behalf of the respondent No.2 original complainant.

2. It is submitted by the learned advocate for the respective parties that the matter has been amicably settled between the parties. The amount has already been paid to the original complainant, original complainant respondent No.2 is present personally before this Court. When asked he stated that he has no objection if the present applicant be acquitted from all the charges. Further, he confirmed the same by filing an affidavit, affidavit be taken on record.

3. As per the offence under Section 138 of the Negotiable Instruments Act is a compoundable offence and the matter has

NEUTRAL CITATION

R/CR.RA/1942/2024 ORDER DATED: 10/07/2025

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been amicably settled between the parties. The judgment passed by the learned 7th Additional Chief Judicial Magistrate in Criminal Case No.9564/2019 judgment and order dated 20.11.2023, convicting the present applicant under Section 138 of the Negotiable Instruments Act and sentencing him to one year of simple imprisonment and the judgment passed by the learned 11th Additional Sessions Judge, Rajkot in Criminal Appeal No.908/2023 judgment dated 28.11.2024 rejecting the appeal and confirming the judgment of conviction by the learned trial Court is hereby quashed and set aside. Present applicant is hereby 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 case of Damodar S. Prabhu Vs. Sayed Babalal H. reported in AIR 2010 SC (1907), the applicant has to deposit Rs.10,000/- before the Gujarat State Legal Service Authority within two weeks.

The present application is disposed of accordingly.

Rule is made absolute.

(L. S. PIRZADA, J) HRT