Kokilaben Mahendrabhai Kagada vs State Of Gujarat
2025 Latest Caselaw 5051 Guj

Gujarat High Court

Kokilaben Mahendrabhai Kagada vs State Of Gujarat on 23 June, 2025

                                                                                                             NEUTRAL CITATION




                            R/CR.RA/846/2025                                  ORDER DATED: 23/06/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                 NEGOTIABLE INSTRUMENT ACT) NO. 846 of 2025

                      ==========================================================
                                               KOKILABEN MAHENDRABHAI KAGADA
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR KAIVAL D PATEL(13892) for the Applicant(s) No. 1
                      MR GAURANG K CHAUHAN(9858) for the Respondent(s) No. 2
                      MR YASHKUMAR S PANDYA(11704) for the Respondent(s) No. 2
                      MS. JYOTI BHATT APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 23/06/2025

                                                            ORAL ORDER

Rule. Learned APP waives service on behalf of the

Respondent - State.

Learned advocate for the respondent no.2 stated that the

present matter has been amicably settled between the parties.

The applicant has already paid the amount to the respondent

no.2 - Bank and the Bank has also issued NOC to the present

applicant - accused and concerned Officer of the Bank is

present through video conferencing and stated that the

cheque amount has already been received by the Bank and

they have no objection, if the present applicant is acquitted

NEUTRAL CITATION

R/CR.RA/846/2025 ORDER DATED: 23/06/2025

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from all the charges. Further, in support of his contention, the

original complainant has filed his affidavit.

Considering the fact that the present applicant - 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 and the Bank

has already issued NOC, the judgment and order passed by

the learned Additional Judicial Magistrate, First Class, Sihor

in Criminal Case No.220 of 2022 dated 10.07.2024, convicting

the applicant - original accused under Section 138 of the

Negotiable Instruments Act, 1881 and sentenced him to one

year simple imprisonment as well as the judgment passed by

the learned Sessions Judge, Bhavnagar in Criminal Appeal

No.139 of 2024 dated 25.02.2025, 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.

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

NEUTRAL CITATION

R/CR.RA/846/2025 ORDER DATED: 23/06/2025

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AIR 2010 SC (1907), the applicant - accused has to pay 5% of

the cheque amount before the Gujarat State Legal Service

Authority within 2 weeks from the date of this order.

The present application is disposed of accordingly.

Rule is made absolute. Direct Service is permitted.

(L. S. PIRZADA, J) JCP