Gujarat High Court
Derenbhai Shaileshbhai Gohel vs State Of Gujarat on 19 June, 2025
NEUTRAL CITATION
R/CR.RA/874/2025 ORDER DATED: 19/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 874 of 2025
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DERENBHAI SHAILESHBHAI GOHEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGAR L PATEL(11596) for the Applicant(s) No. 1
MS JYOTI BHATT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 19/06/2025
ORAL ORDER
1. Learned advocate Mr.Nayan Gupta states that he
has instructions to appear for the respondent no.2 -
complainant and seeks permission to file vakalatnama for
the respondent no.2.
2. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Gupta.
3. Rule. Learned A.P.P. Ms.Jyoti Bhatt waives service of
Rule for the respondent no.1 - State and learned
advocate Mr.Nayan Gupta waives service of Rule for the
respondent no.2 - original complainant.
NEUTRAL CITATION
R/CR.RA/874/2025 ORDER DATED: 19/06/2025
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4. Learned advocate Mr.J.L. Patel for the applicant -
accused submitted that in the present matter, settlement
has been arrived at between the present applicant -
accused and the original complainant and the cheque
amount has already been paid to the original
complainant. On 18.06.2025, when the matter was taken
up for condonation of delay, the respondent no.2 -
complainant was present in the Court and has confirmed
that the amount has already been received by him. Today,
the respondent no.2 has filed affidavit, confirming the
settlement arrived at between the applicant - accused
and the complainant and he has no objection if the
conviction is set aside. The said affidavit is ordered to be
taken on record.
5. Considering the arguments advanced by the learned
advocate for the applicant and considering the fact that
the present offence is compoundable offence and the
matter has been amicably settled between the parties, the
present revision application is required to be allowed.
NEUTRAL CITATION
R/CR.RA/874/2025 ORDER DATED: 19/06/2025
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6. The impugned order dated 04.05.2022 passed by the
learned 12th Additional Chief Judicial Magistrate, Rajkot
in Criminal Case No.7902 of 2018, convicting the present
applicant - accused under Section 138 of the Negotiable
Instruments Act and sentencing him to undergo simple
imprisonment for 1 year and directed the applicant -
accused to pay the amount of cheque by way of
compensation within one month from the date of order, in
default, further imprisonment of one month and judgment
and order dated 06.06.2024 passed by the learned
Principal District & Sessions Judge, Rajkot in Criminal
Appeal No.240 of 2022, dismissing the appeal filed by the
present applicant - accused and confirming the order
passed by the learned trial Court are hereby quashed and
set aside and the present applicant - accused is acquitted
from all the charges levelled against him and his bail
bond stands stand cancelled accordingly.
7. Since the present applicant - accused is in judicial
custody, he may be released immediately forthwith, if he
NEUTRAL CITATION
R/CR.RA/874/2025 ORDER DATED: 19/06/2025
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is not required in any other case.
8. Further, if the applicant - accused has deposited any
amount before the learned Sessions Court, the same is to
be paid to the respondent no.2 - original complainant by
the concerned learned Sessions Court upon due
verification.
9. 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 present applicant -
accused has to deposit 5% of the cheque amount before
the Gujarat State Legal Service Authority within 2 weeks.
10. Accordingly, the present application is allowed. Rule
is made absolute to the aforesaid extent.
Direct service is permitted.
(L. S. PIRZADA, J)
Hitesh
