Gujarat High Court
Kumarkant Rameshchandra Raval vs State Of Gujarat on 13 October, 2025
NEUTRAL CITATION
R/CR.RA/1582/2025 ORDER DATED: 13/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1582
of 2025
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KUMARKANT RAMESHCHANDRA RAVAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ANAND S TAILOR(9021) for the Applicant(s) No. 1
MR. H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 13/10/2025
ORAL ORDER
1. By way of filing the present petition, the petitioner has
sought to challenge the judgment and order of conviction and
sentence passed by the learned Trial Court for the offence
punishable under Section 138 of the Negotiable Instruments Act,
which has been confirmed by the learned First Appellate Court.
2. Learned Advocate Mr. Manish J. Patel appears and submits
that he has instructions to appear on behalf of the original
complainant.
3. Learned advocates for the respective parties have jointly
submitted that the parties to the proceedings have arrived at an
amicable settlement. In support of the said submission, an affidavit
of the original complainant recording such settlement has been
filed, which is ordered to be taken on record. It is further submitted
by the learned advocate for the petitioner that the petitioner has
already deposited 7.5% of the cheque amount towards
NEUTRAL CITATION
R/CR.RA/1582/2025 ORDER DATED: 13/10/2025
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compounding charges before the Gujarat State Legal Services
Authority, and the receipt thereof is produced on record.
4. Considering the facts of the case and fair submissions
advanced by the learned advocate for the respondent, it appears
that since the petitioner has renounced the world who is present
before the Court and the matter between the parties has been
amicably settled, it is submitted that some leniency may be shown
as by accepting the settlement entered into between the parties
upon payment of 7.5% of the cheque amount towards the
compounding charges and by dispensing with the direction to the
petitioner to surrender before the concerned authority.
5. After verifying voluntary character of the compromise, by
which the complainant has compounded the offence of section 138
of NI Act, which is permissible in view of section 147 of NI Act and
as the parties have amicably settled their dispute, impugned order
of conviction and sentence passed by the learned Trial Court and
confirmed by the learned first appellate Court is required to be
quashed and set aside in order to secure ends of justice and
accordingly, they are quashed and set aside.
6. In view of this, the applicant shall not be under obligation to
serve the remaining sentence and the applicant shall be treated as
acquitted on account of compounding of offence with the
complainant.
7. It is made clear that the amount to the extent of 20% of the
cheque amount, which comes to Rs. 93,000/-, deposited before the
concerned Registry in Criminal Appeal No. 538 of 2023, shall be
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R/CR.RA/1582/2025 ORDER DATED: 13/10/2025
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released in favour of respondent No. 2 the original complainant,
after due and proper verification.
8. Rule is made absolute to the aforesaid extent.
(R. T. VACHHANI, J)
Kaushal Rathod
