Rajeshbhai Prabhudasbhai Vaghela vs Arjanbhai Ghelabhai Ram Prop. Of ...
2025 Latest Caselaw 837 Guj

Gujarat High Court

Rajeshbhai Prabhudasbhai Vaghela vs Arjanbhai Ghelabhai Ram Prop. Of ... on 11 July, 2025

                                                                                                                 NEUTRAL CITATION




                             R/CR.RA/1068/2025                                    ORDER DATED: 11/07/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 1068 of 2025

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                                   RAJESHBHAI PRABHUDASBHAI VAGHELA
                                                  Versus
                        ARJANBHAI GHELABHAI RAM PROP. OF MARUTINANDAN PETROLEUM
                                                 & ANR.
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                       Appearance:
                       MR MONARCH K PANDYA(11437) for the Applicant(s) No. 1
                       MS. JYOTI BHATT APP for the Respondent(s) No. 2
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                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 11/07/2025

                                                               ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of the respondent - State.

2. Learned advocate Mr.Jaydev Bhatt submitted that he has instructions to appear on behalf of the respondent No.1 original complainant and also filed affidavit and seeks permission to file Vakalatnama with the registry. Permission is granted. Registry is directed to accept the Vakalatnama.

3. Learned advocate for the applicant submitted that the matter has been amicably settled between the parties and

NEUTRAL CITATION

R/CR.RA/1068/2025 ORDER DATED: 11/07/2025

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the cheque amount has already been received and the respondent No.1 also present before this Court through virtual mode and stated that the cheque amount has already been received by the original complainant and he has no objection the conviction is to be set aside.

4. Considering the fact that the offence under Section 138 of the Negotiable Instruments Act is compoundable offence and the matter has been amicably settled between the parites. Considering this the judgment and order passed by the learned Additional Civil Judge and Judicial Magistrate First Class, Veraval in Criminal Case No.1357/2019 dated 17.02.2024 convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentencing him to two years of simple imprisonment and judgment passed by the learned Sessions Judge, Gir Somnath, Veraval in Criminal Appeal No.24/2024 dated 18.06.2024 rejecting the appeal and confirming the conviction of the learned trial Court is hereby quashed and set aside. The present applicant is hereby acquitted from all the charges.

NEUTRAL CITATION

R/CR.RA/1068/2025 ORDER DATED: 11/07/2025

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5. The present applicant-accused is in judicial custody. He should be released immediately from the jail, if he is not required in any other offences.

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 has to deposit Rs.5,000/- 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