Sandeepgiri Babugiri Goswami vs State Of Gujarat
2025 Latest Caselaw 412 Guj

Gujarat High Court

Sandeepgiri Babugiri Goswami vs State Of Gujarat on 3 June, 2025

                                                                                                                NEUTRAL CITATION




                             R/CR.RA/659/2025                                    ORDER DATED: 03/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                  NEGOTIABLE INSTRUMENT ACT) NO. 659 of 2025

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                                                SANDEEPGIRI BABUGIRI GOSWAMI
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                       Appearance:
                       JUCKY LUCKY CHAN(8033) for the Applicant(s) No. 1
                       MAYURSINH B VAGHELA(8190) for the Applicant(s) No. 1
                       DS AFF.NOT FILED (R) for the Respondent(s) No. 2
                       MR K.M.ANTANI, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                            Date : 03/06/2025

                                                                 ORAL ORDER

1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent No.2 - State.

2. Considering the issue involved in the present application and with consent of learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent - original complainant has been resolved amicably, this matter is taken up for final disposal forthwith.

3. By way of this application under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the B.N.S.S., 2023"), the applicant has prayed for quashing and setting aside the order dated

NEUTRAL CITATION

R/CR.RA/659/2025 ORDER DATED: 03/06/2025

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17.4.2025 passed by learned 2 nd Additional Sessions Judge, Gandhinagar, in Criminal Appeal No. 142 of 2024 as well as the order dated 3.4.2024 passed by learned 7 th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Case No.5544 of 2021.

4. Heard learned advocate Mr. Jucky Lucky Chan appearing for the applicant, Mr. K.M. Antani, learned APP for the respondent No. 1 - State. Learned advocate Mr. Hardik B. Godham states that he has received instructions to appear on behalf of the original complainant. He shall file his Vakalatnama in the Registry. The Registry shall accept the same. I have also gone through the affidavit filed by the original complainant - respondent No.2.

5. Learned counsel appearing for the applicant and the original complainant submitted that after the impugned orders being passed, as referred above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at between them, the original complainant - Respondent No. 2 - Chintan Kalpeshbhai Shah, has tendered an affidavit dated 2.6.2025, which is taken on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and he has no objection if both the impugned orders are quashed and set aside and there is no surviving grievance between them. Learned counsel for the applicant submitted that since the applicant is in jail in view of the order of the

NEUTRAL CITATION

R/CR.RA/659/2025 ORDER DATED: 03/06/2025

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trial Court, in view of the settlement between the parties, the present Revision Application may be allowed.

6. The original complainant - respondent No. 2 is present in the Court today and is identified by his Advocate Mr.Jucky Lucky Chan appearing on his behalf and upon asking from the complainant, he has admitted that a settlement has taken place between him and the applicant. The complainant has also furnished an affidavit in this regard stating inter alia as under: -

"I state and submit that I am the complainant who have filed Criminal Case No.5544 of 2021 before Learned J.M.F.C., Gandhinagar, It is further submitted that thereafter by order dated: 03/04/2024, passed Learned 7 th Additional C.J.M, Gandhinagar was pleased to convict the present revisionist under section 138 of N.I Act for Two year simple imprisonment and directed the revisionist to pay 8,85,000 Rs/- to the respondent No.2. It is further submitted that thereafter by order dated: 17/04/2025 Learned 2 nd Additional Sessions Judge, Gandhinagar, in Criminal Appeal No.142 of 2024 Rejecting Criminal Appeal filed by the revisionist, against which present petitioner have filed an application for quashing of the Judgment and subsequent proceedings before this Hon'ble Court.

I state and submits that after the intervention of family members and elder people of the society the matter between the petitioner and me is settle amicably and therefore now there is no ill-will among each other and I earnestly urge this Hon'ble Court to allow the prayer prayed for by the petitioner and if this Hon'ble Court pleased to quash and set-aside

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R/CR.RA/659/2025 ORDER DATED: 03/06/2025

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Judgment and further proceedings then I have no objections.

I state and submit that I am making this affidavit with my free will and consent and without any pressure from anyone."

6.1 The complainant has admitted the contents of the affidavit and he has also specifically admitted that he has received the settlement amount of Rs.8,85,000/- from the original accused. He has also submitted that since the matter is settled and he has received the entire settlement amount, as mentioned herein above, the present Revision Application may be allowed.

7. Per contra, vehemently opposing the present application, learned APP appearing for the respondent No. 1 - State has submitted that looking to the seriousness of the offence, the present application may not be allowed by quashing and setting aside the impugned orders in view of the settlement arrived at between the parties.

8. Having heard learned counsel for the respective parties, considering the facts and circumstances arising out of the present application as well as considering the fact that the offence is compoundable and the fact that the applicant is in jail in view of the order of the courts below, to secure the ends of justice, the Court is of the considered opinion that both the impugned orders are required to be quashed and set aside.

NEUTRAL CITATION

R/CR.RA/659/2025 ORDER DATED: 03/06/2025

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9. Resultantly, the present Criminal Revision Application is allowed. The impugned order dated17.4.2025 passed by learned 2nd Additional Sessions Judge, Gandhinagar, in Criminal Appeal No. 142 of 2024 as well as the order dated 3.4.2024 passed by learned 7 th Additional Chief Judicial Magistrate, Gandhinagar, in Criminal Case No. 5544 of 2021 are hereby quashed and set aside qua the applicant herein. Since the applicant is in jail, the concerned jail authorities are directed to release the applicant forthwith, if is not required in any other case.

10. Rule is made absolute accordingly. Direct service is permitted.

(VIMAL K. VYAS, J) Manshi