Gujarat High Court
Venkatraman Colours Through Its ... vs State Of Gujarat on 11 July, 2025
NEUTRAL CITATION
R/CR.RA/441/2017 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. 441 of 2017
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VENKATRAMAN COLOURS THROUGH ITS SIGNATORY
Versus
STATE OF GUJARAT & ANR.
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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
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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
NEUTRAL CITATION
R/CR.RA/441/2017 ORDER DATED: 11/07/2025
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original complainant has no objection if the conviction is
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.863/2013
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.511/2015
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.
NEUTRAL CITATION
R/CR.RA/441/2017 ORDER DATED: 11/07/2025
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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 a week.
7. It is further submitted by the learned advocate for
the applicant that the present applicant has already
deposited an amount of Rs.1,31,000/- before the Court of
learned Additional Chief Metropolitan Magistrate
Negotiable Instruments Act. Hence, the said amount is to
be paid to the original complainant by the learned trial
Court after due verification.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J)
HRT
