Hasmukhbhai Ravjibhai Dalvadi vs State Of Gujarat
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Gujarat High Court

Hasmukhbhai Ravjibhai Dalvadi vs State Of Gujarat on 13 June, 2025

                                                                                                                NEUTRAL CITATION




                             R/CR.RA/270/2025                                     ORDER DATED: 13/06/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 270 of 2025

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                                                HASMUKHBHAI RAVJIBHAI DALVADI
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                       Appearance:
                       MR. HARDIK B KORADIYA(9955) for the Applicant(s) No. 1
                       MR M N SHAIKH(11323) for the Respondent(s) No. 2
                       MS SAHISTA S KHOKHAR(11116) for the Respondent(s) No. 2
                       MS. JYOTI BHATT APP for the Respondent(s) No. 1
                       ==========================================================

                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 13/06/2025

                                                               ORAL ORDER

1. When the matter was called out learned advocate for the applicant and the learned advocate for the respondent No. 1 stated that amicably settled between the parties. The present applicant original accused has paid the total amount of the cheque to the complainant. Original complainant respondent No. 2 is present through video conferencing and passed by the Court to confirm that cheque amount has already been received and conviction is to be quashed and set aside and applicant accused acquitted from all the charges. Further, respondent No. 1 original complainant has also filed his affidavit to confirming the said fact on oath.

2. Considering the fact that the matter has already been

NEUTRAL CITATION

R/CR.RA/270/2025 ORDER DATED: 13/06/2025

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amicably settled between the parties, check amount has already been paid, offense is compoundable offense, considering the fact judgment dated 15.03.2023, 10 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 5152/2020 convicting the accused present applicant original accused under Section 138 of the Negotiable Instruments Act and sentencing him to one year simple imprisonment, judgment passed by the 14 th Additional Sessions Judge, Rajkot in Criminal Appeal No.232/2023 judgment dated 18.01.2025 confirming the judgment of the learned trial Court, ishereby quashed and set aside. The present applicant accused has been acquitted from all the charges. The applicant as per the judgment of the Hon'ble Apex Court in the case of Damodrprabhu, they have to deposit 5% of the cheque amount to Gujarat State Legal Service Authority.

Direct Service Permitted.

(L. S. PIRZADA, J) HRT