Neha Bhaveshbhai Mulani vs State Of Gujarat
2025 Latest Caselaw 6255 Guj

Gujarat High Court

Neha Bhaveshbhai Mulani vs State Of Gujarat on 2 September, 2025

                                                                                                               NEUTRAL CITATION




                           R/CR.RA/1492/2025                                     ORDER DATED: 02/09/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                 NEGOTIABLE INSTRUMENT ACT) NO. 1492 of 2025

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                                                 NEHA BHAVESHBHAI MULANI
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
                      ==========================================================
                      Appearance:
                      MR. HARDIK B. GODHAM(16165) for the Applicant(s) No. 1
                      MR. NIRAJ SHARMA APP for the Respondent(s) No. 1
                      ==========================================================

                        CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA

                                                          Date : 02/09/2025

                                                            ORAL ORDER

1. Rule. Learned APP waives service on behalf of the

Respondent - State.

2. Learned advocate Mr.Naved A. Shaikh stated that he has

instructions to appear on behalf of the Respondent No.2 -

Original Complainant and seeks permission to file

Vakalatnama. Registry to accept the Vakalatnama.

3. It is submitted by the learned advocate for the applicant

that the present matter has been amicably settled between

the parties and the amount has already been paid to the

original complainant. The original complainant is present

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R/CR.RA/1492/2025 ORDER DATED: 02/09/2025

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before the Court and from the verification, he confirmed that

he has no objection, if conviction is set aside. Further, he

confirmed the signature on the affidavit which has been

placed on record. 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

passed by the learned Additional Chief Metropolitan

Magistrate, Nego.I.Act Court No.31, Ahmedabad in Criminal

Case No.10987 of 2020 dated 28.02.2024, convicting the

present applicant original accused under Section 138 of the

Negotiable Instruments Act, 1881 and sentenced the present

applicant to 2 years simple imprisonment as well as the

judgment passed by the learned Additional Sessions Judge,

City Sessions Court No.7, Ahmedabad in Criminal Appeal

No.370 of 2024 dated 04.08.2025, rejecting the appeal and

confirming the judgment of the learned Trial Court is hereby

quashed and set aside. The present applicant accused is

hereby acquitted from all the charges and his bail bond stands

cancelled accordingly.

4. Considering the facts and circumstances of the case and

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R/CR.RA/1492/2025 ORDER DATED: 02/09/2025

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considering the judgment of the Hon'ble Apex Court in the

case of Damodar S.Prabhu vs Sayed Babalal H. reported in

AIR 2010 SC (1907), the applicant has to pay Rs.10,000/-

before the Gujarat State Legal Service Authority within a

period of 2 weeks from the receipt of the date of this order.

5. The present application is disposed of accordingly.

6. Rule is made absolute. Direct Service is permitted.

(L. S. PIRZADA, J) JCP