Vohra Sajidbhai Iqbalbhai vs State Of Gujarat
2025 Latest Caselaw 5104 Guj

Gujarat High Court

Vohra Sajidbhai Iqbalbhai vs State Of Gujarat on 24 June, 2025

                                                                                                                   NEUTRAL CITATION




                             R/CR.RA/758/2025                                        ORDER DATED: 24/06/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                   NEGOTIABLE INSTRUMENT ACT) NO. 758 of 2025
                       ==========================================================
                                                    VOHRA SAJIDBHAI IQBALBHAI
                                                               Versus
                                                     STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR KAVAN K PATEL(11303) for the Applicant(s) No. 1
                       MR VIVEK V BHAMARE(6710) for the Applicant(s) No. 1
                       MS. JYOTI BHATT, APP for the Respondent(s) No. 1
                       ==========================================================
                          CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                              Date : 24/06/2025
                                                                ORAL ORDER

1. Rule. Learned APP waives service of Rule on behalf of the opponent No.1 - State.

2. Learned advocate Mr. I.A. Shaikh submitted that he has instructions to appear on behalf of the respondent No. 2- original complainant.

3. Learned advocate for the applicant submitted that the present applicant is in judicial custody. The matter has been amicably settled between the original complainant and the accused. The cheque-amount has already been paid to the original complainant. Original complainant respondent No. 2 is present before this Court. When he was asked, he has stated that he has received cheque- amount and the matter has been settled and he has no objection if the present applicant-accused be acquitted from all the charges.

NEUTRAL CITATION

R/CR.RA/758/2025 ORDER DATED: 24/06/2025

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Further, they also placed the copy of the agreement on record which is executed between the present original complainant and the brother of the petitioner.

4. Considering the fact that the matter has been amicably settled between the original complainant and the accused and the offense is compoundable, the judgment and order passed by the 2 nd Additional Chief Judicial Magistrate, Nadiad in Criminal Case No. 2568/2019 convicting the present applicant-accused under Section 138 of the Negotiable Instruments Act and sentencing him to one year of simple imprisonment and the judgment passed by the 5 th Additional Sessions Judge, Nadiad in Criminal Appeal No.221/2023 dated 17.04.2025 dismissing the appeal of the present applicant- accused and confirming the judgment of the learned trial Court, is hereby, quashed and set aside. The present applicant-accused be acquitted from all the charges.

5. As the present applicant-accused is in judicial custody, he is released, if not required in any other offense.

6. It is hereby directed that the applicant-accused shall deposit 5% of the cheque amount to the Gujarat State Legal Service Authority within 4 weeks from the availability of this Order. Rule is made absolute.

Direct service is permitted.

(L. S. PIRZADA, J) HRT