Gujarat High Court
Prop. Of Devshree Enterprise Samir ... vs Prop. Of Khodiyar Plastic Industries ... on 19 October, 2025
NEUTRAL CITATION
R/CR.RA/1958/2025 ORDER DATED: 19/10/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1958 of 2025
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PROP. OF DEVSHREE ENTERPRISE SAMIR MANOHARBHAI JOSHI
Versus
PROP. OF KHODIYAR PLASTIC INDUSTRIES SANJAYBHAI RAMESHBHAI
PATEL & ANR.
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Appearance:
MR. JAIMIL DOSHI WITH S B SUTARIA(7651) for the Applicant(s) No. 1
MR HARSH SHAH for the Respondent no.1
PUBLIC PROSECUTOR for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 19/10/2025
ORAL ORDER
1) Rule. Learned APP waives service on behalf of the
Respondent - State.
2) Learned Advocate Mr. Jaimil Doshi filed his Vakalatnama
on behalf of the applicant and learned Advocate Mr. Harsh
Shah filed his vakalatnama on behalf of the respondent no.1,
which is taken on record.
3) When the matter is called out, learned advocate for the
applicant Mr. Jaimil Doshi with Mr. S B Sutaria and learned
advocate Mr. Harsh Shah for the respondent no.2 submitted
that the present matter has been amicably settled between
the parties and the amount has already been paid to the
original complainant and it is also stated that the amount
NEUTRAL CITATION
R/CR.RA/1958/2025 ORDER DATED: 19/10/2025
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which has been deposited before the learned Appellate Court
will be paid to the present applicant-original accused, if any.
He has further produced the copy of judgment passed by the
Hon'ble Supreme Court in the case of Damodar S. Prabhu
Vs. Sayed Babalal H. reported in AIR 2010 SC (1907) and
judgment of this Court in the case of Kunal Kiritbhai Patel
Vs. State of Gujarat and Ors passed in Criminal Misc.
Application No.19870 of 2025 dated 26.09.2025, which is
taken on record.
4) The applicant-original accused is at present in the
judicial custody. The original complainant - Proprietor of
Khodiyar Plastic Industries Mr. Sanjaybhai Rameshbhai Patel
is present before the Court and filed his affidavit,which is
taken on record. when he was asked about the settlement, he
stated that the settlement has been arrived between him and
the accused and he has received Rs.3,25,000/- as full and final
settlement of all the transactions from the applicant and he
has no objection, if conviction be set aside and the present
applicant - original accused be acquitted from all the charges.
Further, in support of his contention, the original complainant
has filed his affidavit on record and also confirmed the
signature. Considering the fact that the present accused is
convicted under Section 138 of the Negotiable Instruments
Act, 1881 with compoundable offence and the matter is
amicably settled between the parties, the judgment and order
passed by the learned Additional Chief Judicial Magistrate,
Kalol in Criminal Case No.147 of 2022 dated 26.10.2023,
convicting the present applicant original accused under
NEUTRAL CITATION
R/CR.RA/1958/2025 ORDER DATED: 19/10/2025
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Section 138 of the Negotiable Instruments Act, 1881 and
judgment passed by the learned 5 th Additional Sessions Judge,
At Kalol, District Gandhinagar in Criminal Appeal No.45 of
2023 dated 09.09.2025, dismissing the appeal and confirming
the order passed by the learned Additional Chief Judicial
Magistrate, Kalol is hereby quashed and set aside. The
present applicant accused Mr. Samir Joshi, Proprietor of
Devshree Enterprise is hereby acquitted from all the charges.
5) The Registry of the concerned Appellate Court after due
verification, is directed to pay the deposited amount, if any, to
the present applicant- original accused.
6) Considering the facts and circumstances of the case and
considering the judgment of the Hon'ble Apex Court in the
case of Damodar S.Prabhu vs Sayed Babalal H. (supra),
the applicant has to pay 10% of the cheque amount before the
Gujarat State Legal Service Authority within a period of four
weeks.
7) The present application is disposed of accordingly.
8) Rule is made absolute. Jail Authority is directed to
release the present applicant/original accused from the
judicial custody, if he is not required in any other offence.
Direct Service today is permitted.
(D. M. VYAS, J)
Anuj
