Gujarat High Court
Mohammedjuber Basir Shaikh vs State Of Gujarat on 11 July, 2025
NEUTRAL CITATION
R/CR.RA/997/2025 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. 997 of 2025
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2024
In R/CRIMINAL REVISION APPLICATION NO. 997 of 2025
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MOHAMMEDJUBER BASIR SHAIKH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1
MR HK PATEL 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. Mr.H.K. Patel waives service of
Rule for the respondent - State.
2. Learned advocate Mr.Kiran Udasi states that he has
instructions to appear for the respondent no.2 - original
complainant and seeks permission to file vakalatnama.
3. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Udasi.
NEUTRAL CITATION
R/CR.RA/997/2025 ORDER DATED: 11/07/2025
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4. Learned advocate Mr.Udasi submitted that the
matter has been amicably settled between the parties and
the respondent no.2 - original complainant is also present
virtually before the Court and upon asking by the Court,
he stated that the cheque amount is already been
received by the original complainant and he has no
objection, if the present applicant is acquitted from all the
charges. Further, he has also filed his affidavit confirming
the said fact.
5. Considering the fact that the offence under Section
138 of the Negotiable Instruments Act is a compoundable
offence and the matter has been amicably settled
between the parties, the following order is passed:-
(1) The order dated 07.01.2022 passed by the learned
5th Additional Chief Judicial Magistrate, Bharuch in
Criminal Case No.1395 of 2018, convicting the applicant
under Section 138 of the Negotiable Instruments Act and
sentencing to undergo 1 year's simple imprisonment and
judgment dated 01.09.2023 passed by the learned
NEUTRAL CITATION
R/CR.RA/997/2025 ORDER DATED: 11/07/2025
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Sessions Judge, Bharuch in Criminal Appeal no.45 of
2023, dismissing the appeal and confirming the judgment
of conviction passed by the learned trial Court is hereby
quashed and set aside and the present applicant is
ordered to be acquitted from all the charges and since
the present applicant is in judicial custody, he shall be
released immediately by the concerned jail authority, if
he is not required in any other offence.
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 5% of the cheque amount before the Gujarat
State Legal Service Authority within 2 weeks.
7. The present application is disposed of accordingly.
Rule is made absolute to the aforesaid extent.
(L. S. PIRZADA, J)
Hitesh
