Gujarat High Court
Prajapati Ghanshyambhai Ramanbhai vs State Of Gujarat on 25 November, 2025
NEUTRAL CITATION
R/CR.RA/2253/2025 ORDER DATED: 25/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO.
2253 of 2025
=================================================
PRAJAPATI GHANSHYAMBHAI RAMANBHAI
Versus
STATE OF GUJARAT & ORS.
=================================================
Appearance:
MR MOHD. SHAHRUKH M SAIYAD (11014) for the
Applicant(s) No. 1
MR UTKARSH SHARMA, APP for the Respondent(s) No. 1
=================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 25/11/2025
ORAL ORDER
1. Learned advocate Mr. M. M. Bukhari has instructions to
appear on behalf of the respondent No. 2 herein - original
complainant. Registry to accept his vakalatnama.
2. Rule. Learned Additional Public Prosecutor as well as learned
advocate appearing for the original complainant waive service of
notice of Rule on behalf of the respective respondents.
NEUTRAL CITATION
R/CR.RA/2253/2025 ORDER DATED: 25/11/2025
undefined
3. Considering the issue involved in the present application and
with the 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 today as
alleged offence is compoundable.
4. By this revision application under Section 438 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS") read
with section 442 of BNSS, the applicant has prayed for quashing and
setting aside the judgment and order dated 21.06.2024 passed by the
learned 4th Additional Chief Judicial Magistrate, Nadiad in Criminal
Case No. 7875 of 2021, whereby the trial Court held the applicant
guilty for the offence under Section 138 of the Negotiable
Instruments Act, 1881 (for short "NI Act") and sentenced to undergo
Simple Imprisonment (SI) of one year and also directed to pay the
cheque amount to the original complainant as compensation. The
said order was assailed before the learned 5 th Additional Sessions
Judge, Nadiad by way of Criminal Appeal No. 391 of 2024, which
came to be dismissed vide judgment and order dated 15.11.2025 and
the order of conviction has been confirmed and upheld, however, the
order qua paying compensation came to be modified. Aggrieved
thereby, this revision application is filed.
5. Learned advocate for the applicant has taken this Court
NEUTRAL CITATION
R/CR.RA/2253/2025 ORDER DATED: 25/11/2025
undefined
through the factual matrix arising out of the present application.
However, 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.
6. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant.
Original complainant - Nrupeshkumar Bipinchandra Shah appeared
before the Court online and is identified by the learned advocate for
the original complainant. The complainant affirms the factum of
settlement. He has also filed an affidavit, which is taken on record,
stating therein that he has no objection if the judgment and orders
impugned in this revision application are quashed and set aside. He
also states that he has filed the affidavit without any coercion, threat
or undue influence. On inquiry made by the Court, the original
complainant has declared before this Court that the dispute between
the applicant and the original complainant is resolved and cheque
amount has already been received by the original complainant and
therefore, now the grievance stands redressed. It is, therefore,
submitted that the present application may be allowed.
7. Learned Additional Public Prosecutor appearing for the State
has submitted that in the facts and circumstances of the case and in
view of the extant law, Court may pass appropriate orders.
NEUTRAL CITATION
R/CR.RA/2253/2025 ORDER DATED: 25/11/2025
undefined
8. Considering the fact that the dispute is settled between the
parties and that the applicant has paid the cheque amount to the
complainant and said fact has been confirmed by the complainant, as
the offence is compoundable one at any stage under Section 147 of
the NI Act.
9. Resultantly, this revision application is allowed. The judgment
and orders impugned in this revision application, referred to herein
above, are hereby quashed and set aside. The applicant is acquitted
of the present charge.
10. Rule is made absolute to the aforesaid extent. Direct service
is permitted.
[ P. M. Raval, J. ]
hiren/SB-I-1tss251125
