Salim Kadarbhai Sorathiya vs State Of Gujarat
2025 Latest Caselaw 4986 Guj

Gujarat High Court

Salim Kadarbhai Sorathiya vs State Of Gujarat on 20 June, 2025

                                                                                                                NEUTRAL CITATION




                            R/CR.RA/898/2025                                     ORDER DATED: 20/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 898
                                                  of 2025

                      ==========================================================
                                                 SALIM KADARBHAI SORATHIYA
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
                      MS. JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                         CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                           Date : 20/06/2025

                                                             ORAL ORDER

1. Rule. Learned APP waives service on behalf of the

Respondent - State.

2. Learned advocate Mr. Varun L. Rai stated that he has

instructions to appear on behalf of the Respondent No.2 -

Original Complainant and seeks permission to file

Vakalatnama. Registry to accept the Vakalatnama.

3. It is submitted that the present matter has been

amicably settled between the parties and the cheque amount

has already been paid to the original complainant. The

original complainant is present through video conferencing

through virtual mode before the Court and when asked by the

NEUTRAL CITATION

R/CR.RA/898/2025 ORDER DATED: 20/06/2025

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Court, he has stated that the matter has been amicably settled

between the parties and he has no objection, if conviction is to

be set aside. Further, in support of his contention, the original

complainant has filed his affidavit.

4. Considering the fact that the present accused is

convicted under Section 138 of the Negotiable Instruments

Act, 1881 with compoundable offence, the matter is amicably

settled between the parties and the cheque amount has

already been paid to the original complainant, the judgment

and order dated 30.09.2021 passed by the learned Judicial

Magistrate, First Class, Mangarol in Criminal Case No.405 of

2020, convicting the applicant - original accused under

Section 138 of the Negotiable Instruments Act, 1881 and

sentenced him to two years simple imprisonment as well as

the judgment passed by the learned 2 nd Additional Sessions

Judge at Keshod in Criminal Misc. Application (Delay) No.176

of 2025 dated 29.04.2025, confirming the judgment of the

learned Trial Court is hereby quashed and set aside. The

present applicant - accused has been acquitted from all the

charges and his bail bond stands cancelled accordingly. The

applicant is in judicial custody and the applicant be released

NEUTRAL CITATION

R/CR.RA/898/2025 ORDER DATED: 20/06/2025

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from the jail forthwith, if he is not required in any other case.

5. 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 pay 5% of the

cheque amount before the Gujarat State Legal Service

Authority within 2 weeks.

6. The present application is disposed of accordingly.

7. Rule is made absolute.

(L. S. PIRZADA, J) JCP