Rajkumar Babudas Dudhrejiya vs State Of Gujarat
2025 Latest Caselaw 308 Guj

Gujarat High Court

Rajkumar Babudas Dudhrejiya vs State Of Gujarat on 8 May, 2025

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                             R/CR.RA/691/2025                              ORDER DATED: 08/05/2025

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                                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                 NEGOTIABLE INSTRUMENT ACT) NO. 691 of 2025
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                                                RAJKUMAR BABUDAS DUDHREJIYA
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                      Appearance:
                      MS GAYATRIBA B JADEJA(5152) for the Applicant(s) No. 1
                      MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                       Date : 08/05/2025

                                                        ORAL ORDER

[1.0] RULE. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of notice of Rule on behalf of the respective respondents.

[2.0] Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and original complainant has been resolved amicably, this application is taken up for final disposal forthwith as alleged offence is bailable and compoundable.

[3.0] By way of this application under Section 397 (section 438 of BNSS) read with Section 401 (section 442 of BNSS) of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside the order dated 20.04.2024 passed by the learned 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar in Criminal Case No.11184 of

NEUTRAL CITATION

R/CR.RA/691/2025 ORDER DATED: 08/05/2025

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2022, whereby the Trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of 1 year and also directed to pay cheque amount to the original complainant as compensation. The said order was assailed before the learned Additional Sessions Judge, Jamnagar by way of impugned Judgment and order of sentence dated 11.10.2024 in Criminal Appeal No.228 of 2024. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the concerned Additional Sessions Judge. Hence, this Revision Application is filed.

[4.0] Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue. It is further submitted that in view of the fact that the dispute is resolved, present application deserves consideration.

[5.0] Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, present application may be rejected.

[6.0] Learned advocate Ms.Sonal J. Bhavsar for the Original Complainant has received instructions to appear on behalf of the original-complainant. She is permitted to file her appearance before the Registry.

[6.1] Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. The

NEUTRAL CITATION

R/CR.RA/691/2025 ORDER DATED: 08/05/2025

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learned advocate for original complainant also relied upon the affidavit filed by the original complainant - Indravijay Vikramsinh Jadeja, who is also present through virtual mode and is identified by learned advocate for the original complainant. The affidavit sworn by the original complainant is annexed as Annexure-D at page 53 of the compilation. On inquiry made by the Court, original complainant has declared before this Court that the dispute between the applicant and the original complainant is resolved and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.

[7.0] At the outset, learned advocates for the respective parties have jointly submitted that matter is settled and now the original complainant does not wants to pursue for the further litigation as complainant and applicant have settled the matter and in this regard, affidavit of original complainant has been placed, which is taken on record. The contents of the affidavit is also admitted by the original complainant. Even complainant has remained present before this Court and stated that he has no objection if the conviction recorded by the learned Trial Court as well as Appellate Court is set aside.

[8.0] Considering the fact that the dispute is settled between the parties and the applicant has paid the cheque amount i.e. Rs.2,50,000/- and Rs.8,20,000/- to the complainant and said fact has been confirmed by the complainant as offence is compoundable one at any stage under Section 147 of the NI Act. But, as accused has settled the dispute at belated stage before this Court, in view of the decision rendered in the case of Damodar S. Prabhu Vs.

NEUTRAL CITATION

R/CR.RA/691/2025 ORDER DATED: 08/05/2025

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Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to be saddled with cost.

[9.0] Resultantly, this revision application is allowed. The order dated 20.04.2024 passed by the learned 10th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar in Criminal Case No.11184 of 2022 as well as the judgment and order of sentence dated 11.10.2024 passed in Criminal Appeal No.228 of 2024 by the learned Additional Sessions Judge, Jamnagar are hereby quashed and set aside with respect to the applicant, subject to deposit of 15% of the amount of cheque i.e. Rs.37,500/- and Rs.1,23,000/- (total amount of Rs.1,60,500/-) out of the total cheque amount of Rs.2,50,000/- and Rs.8,20,000/- (total amount of Rs.10,70,000/-) before the Gujarat State Legal Services Authority.

[10.0] On compliance of the said order, if the applicant is behind the bar, he shall be released subject to deposit of aforesaid amount of cost, if his presence is no longer required in any other criminal offence.

[11.0] The present application is allowed qua applicant. Rule is made absolute. Direct service is permitted.

(HASMUKH D. SUTHAR,J) KUMAR ALOK