Gujarat High Court
Sajidbhai Yakubbhai Vankavala vs Sunilbhai Omprakash Pandit on 15 October, 2025
NEUTRAL CITATION
R/CR.RA/1752/2025 ORDER DATED: 15/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1752 of 2025
With
CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL) NO. 1 of
2025
In R/CRIMINAL REVISION APPLICATION NO. 1752 of 2025
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SAJIDBHAI YAKUBBHAI VANKAVALA
Versus
SUNILBHAI OMPRAKASH PANDIT & ANR.
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Appearance:
MR PRAKASH G PANDYA(3041) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 15/10/2025
ORAL ORDER
Learned Advocate Mr. A. N. Kadri, state that he has
instructions to appear on behalf of the original complainant, and
thereby, seeks permission to file vakalatnama. The Registry is
directed to accept the vakalatnama.
1) RULE. Learned APP as well as learned advocate appearing for
the Complainant waive service of notice of Rule on behalf of the
respective respondents.
2) 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) By way of this application under section 438 of BNSS read with
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R/CR.RA/1752/2025 ORDER DATED: 15/10/2025
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Section 442 of BNSS, the applicant has prayed for quashing and
setting aside the order dated 23.01.2024 passed by the
learned 3rd Additional Chief Judicial Magistrate, Nadiad in
Criminal Case No.2550 of 2020, 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 simple imprisonment of one year and also directed to
pay Rs.2,00,000/- to the original complainant as compensation.
The said order was assailed before the learned 5th Additional
Sessions Judge, Nadiad, and by way of judgment and
order order dated 13.08.2025 in Criminal Appeal No.94 of
2024, upholding the order dated 23.01.2024, the said
appeal came to be dismissed and the order of conviction has
been confirmed and upheld by the concerned Additional District
Judge. Hence, this Revision Application is filed.
4) 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) 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) Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for original complainant also relied upon the
affidavit dated 14.10.2025, filed by the original complainant -
Sunilbhai Omprakashbhai Pandit, who is also personally
present in person before the Court and is identified by learned
advocate for the original complainant. The affidavit of the
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R/CR.RA/1752/2025 ORDER DATED: 15/10/2025
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complainant is taken on record. 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.
Therefore, present application may be allowed.
7) At the outset, learned advocates for the respective parties have
jointly submitted that matter is settled and now the original
complainant does not want to pursue further the litigation as
complainant and applicant have settled the matter and in this
regard, affidavit of original complainant is taken on record. The
contents of the affidavit are 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) Considering the fact that the dispute is settled between the
parties and the averment in the affidavit of the complainant that
he has received the amount for which he had filed the criminal
complaint against the applicant and as offence is compoundable
one at any stage under Section 147 of the NI Act, application
deserves consideration. But, as the applicant - 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.
Sayed Babalal H, reported in 2010(5) SCC 663, applicant -
accused is required to be saddled with cost.
9) Resultantly, this revision application is allowed. The order dated
23.01.2024 passed by the learned 3rd Additional Chief
Judicial Magistrate, Nadiad in Criminal Case No.2550 of
2020, as well as the judgment and order dated 23.01.2024
passed by the learned 5th Additional Sessions Judge,
Nadiad, in Criminal Appeal No.94 of 2024, are hereby
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R/CR.RA/1752/2025 ORDER DATED: 15/10/2025
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quashed and set aside with respect to the applicant, subject to
deposit of 7.5% of the amount of cheque i.e. Rs.18,750/-
before the Gujarat State Legal Services Authority within a period
of one week from the date of receipt of this order.
10) 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 case.
11) The present application is allowed. Rule is made absolute
accordingly. Direct service TODAY is permitted.
(HASMUKH D. SUTHAR,J)
ANKIT
