Gujarat High Court
Ashokbhai Jethabhai Vora vs State Of Gujarat on 19 June, 2025
NEUTRAL CITATION
R/CR.RA/601/2025 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. 601 of 2025
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ASHOKBHAI JETHABHAI VORA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KULDIP K ACHARYA(10616) 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. Rule. Learned APP waives service of notice on behalf of
the respondent No.1-State. Learned Advocate Mr. Paresh A.
Patel submitted that he has an instructions to appear on
behalf of the respondent No.2 original complainant.
Accordingly, permission is granted. Registry to accept the
Vakalatnama filed by the learned advocate Mr. Paresh A.
Patel. Further stated that the matter has been amicably settled
between the parties and original complainant has also present
before the Court.
2. Learned Advocate Mr. Kuldip K. Acharya submitted that
cheque amount is already paid to the original complainant,
asked by the Court to the original complainant, who is present
NEUTRAL CITATION
R/CR.RA/601/2025 ORDER DATED: 19/06/2025
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before this Court is stated that cheque amount has already
been received and he has no objection if the present
applicant-accused be released from all the charges. Further
the complainant also stated that the amount deposited by the
present applicant-accused before the learned Sessions Court
is to be paid to the present applicant-accused and he has no
objection.
3. Considering this, as the present offense is
compoundable offense, the matter is amicably settled between
the parties. Judgment and order passed by the learned
Additional Civil Judge and Judicial Magistrate First Class,
Palanpur, Banaskantha in Criminal Case No.1745/2022 dated
09.11.2023, convicting the present applicant-accused under
Section 138 of the Negotiable Instruments Act and sentencing
him to two years simple imprisonment and judgment passed
by the learned Sessions Court, Palanpur, Banaskantha in
Criminal Appeal No. 446/2023 dated 11.02.2025. Rejecting
the appeal order of the present applicant-accused and
confirming the judgment of the learned trial Court, is hereby,
quashed and set aside. The present applicant has been
acquitted from all the charges. Further, the present applicant-
accused has deposited amount of Rs.1,49,000/- before the
learned Sessions Court, Palanpur, Banaskantha paid to the
present applicant-accused after due verification.
NEUTRAL CITATION
R/CR.RA/601/2025 ORDER DATED: 19/06/2025
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4. As per 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 four weeks.
5. Registry to accept the Vakalatnama. The present
application is disposed of accordingly.
Rule is made absolute.
(L. S. PIRZADA, J)
HRT
