Venkatraman Colours Through Its ... vs State Of Gujarat
2025 Latest Caselaw 838 Guj

Gujarat High Court

Venkatraman Colours Through Its ... vs State Of Gujarat on 11 July, 2025

                                                                                                                      NEUTRAL CITATION




                              R/CR.RA/444/2017                                        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. 444 of 2017

                       ==========================================================
                                    VENKATRAMAN COLOURS THROUGH ITS SIGNATORY
                                                      Versus
                                             STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR BK OZA(516) for the Applicant(s) No. 1
                       MR LALIT M PATEL(2239) for the Respondent(s) No. 2
                       MS.JYOTI BHATT APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 11/07/2025

                                                               ORAL ORDER

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

2. Heard learned advocate Mr.B.K. Oza for the applicant. It is submitted that the matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant.

3. Heard Learned advocate Mr. Lalit M. Patel on behalf of the original complainant. It is submitted that the company has already received the cheque amount and the original complainant has no objection if the conviction is

NEUTRAL CITATION

R/CR.RA/444/2017 ORDER DATED: 11/07/2025

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set aside.

4. Considering the fact that the offence punishable under Section 138 of the Negotiable Instruments Act is a compoundable offence, the cheque amount has already been paid by the present applicant-accused to the original complainant and therefore, following order is passed.

5. The judgment passed by the learned Additional Chief Metropolitan Magistrate Negotiable Instruments Act Court No.27 Ahmedabad in Criminal Case No.862/2013 convicting the present applicant under Section 138 of the Negotiable Instruments Act and sentencing him to one year of simple imprisonment, dated 30.11.2015 and judgment passed by the learned Additional Sessions judge, Ahmedabad Court No.25 in Criminal Appeal No.510/2015 rejecting the appeal and confirming the judgment of the conviction of the learned trial Court, on 18.04.2017, are hereby quashed and set aside and therefore, the present applicant-accused is hereby acquitted from all the charges.

6. Considering the facts and circumstances of the case

NEUTRAL CITATION

R/CR.RA/444/2017 ORDER DATED: 11/07/2025

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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 a week.

The present application is disposed of accordingly.

Rule is made absolute. Direct service permitted.

(L. S. PIRZADA, J) HRT