Vaishaliben D/O Sitarambhai Patel vs State Of Gujarat
2025 Latest Caselaw 4992 Guj

Gujarat High Court

Vaishaliben D/O Sitarambhai Patel vs State Of Gujarat on 20 June, 2025

                                                                                                               NEUTRAL CITATION




                            R/CR.RA/593/2025                                     ORDER DATED: 20/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                 NEGOTIABLE INSTRUMENT ACT) NO. 593 of 2025

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                                           VAISHALIBEN D/O SITARAMBHAI PATEL
                                                         Versus
                                                STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR HARNISH V DARJI(3705) 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 : 20/06/2025

                                                            ORAL ORDER

Rule. Learned APP waives service on behalf of the Respondent - State.

Learned advocate Mr. M. H. Sayani 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.

It is submitted by the learned advocate for the applicant that the cheque amount has already been paid to the original complainant and the present matter has been amicably settled between the parties. The original complainant is present before the Court and from the verification, he confirmed that he has already received cheque amount and he has no objection, if conviction is set aside. Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881 with compoundable offence,

NEUTRAL CITATION

R/CR.RA/593/2025 ORDER DATED: 20/06/2025

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the matter is amicably settled between the parties and the cheque amount has already been paid to the original complainant, the judgment and order passed by the learned Additional Judicial Magistrate, First Class, Mundara in Criminal Case No.1418 of 2019 dated 20.01.2024, convicting the applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to one year simple imprisonment and to pay the check amount by way of the compensation as well as the judgment passed by the learned 8th Additional Sessions Judge, Bhuj-Kutch in Criminal Appeal No.23 of 2024 dated 19.02.2024, 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.

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.

The present application is disposed of accordingly.

Rule is made absolute. Direct Service is permitted.

(L. S. PIRZADA, J) JCP