Gujarat High Court
Tabuk Parvezbhai Abdulrazak ... vs State Of Gujarat on 4 September, 2025
NEUTRAL CITATION
R/CR.RA/1592/2025 ORDER DATED: 04/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1592 of 2025
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TABUK PARVEZBHAI ABDULRAZAK MUSTUFABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
A N KADRI(7990) for the Applicant(s) No. 1
MR NIRAJ SHARMA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 04/09/2025
ORAL ORDER
1. Rule. The learned A.P.P. waives service of Rule for
the respondent - State.
2. Learned advocate Mr.S.A. Kadri states that he has
instructions to appear for the respondent no.2 and seeks
permission to file vakalatnama.
3. Permission is accordingly granted. Registry to
accept the vakalatnama that may be filed by learned
advocate Mr.Kadri.
4. The learned advocate for the applicant submits that
the matter has been amicably settled between the parties
NEUTRAL CITATION
R/CR.RA/1592/2025 ORDER DATED: 04/09/2025
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and the cheque amount has already been paid to the
respondent no.2 - complainant.
5. The respondent no.2 - complainant is present before
the Court and upon asked by the Court, he states that the
matter is amicably settled between the parties and he has
already received the cheque amount and he has no
objection if the order of conviction passed against the
present applicant - accused is quashed and set aside and
the applicant - accused is acquitted from the charges
levelled against him. Further, the respondent no.2 has
filed an affidavit and also confirmed the signature on the
affidavit and contents of the affidavit.
6. 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 and
the cheque amount has already been paid to the original
complainant, the present Criminal Revision Application is
hereby allowed and the order passed by the learned 4 th
NEUTRAL CITATION
R/CR.RA/1592/2025 ORDER DATED: 04/09/2025
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Additional Senior Civil Judge & Additional Chief Judicial
Magistrate, Nadiad in Criminal Case No.785 of 2020
dated 30.11.2024, convicting the applicant - original
accused under Section 138 of the Negotiable Instruments
Act, 1881 and sentenced him to one year simple
imprisonment and as well as the judgment passed by the
learned 6th Additional Dsitrict & Sessions Judge, Kheda @
Nadiad in Criminal Appeal No.648 of 2024 dated
01.08.2025, dismissing the appeal of the present
applicant - accused and confirming the judgment of the
learned Trial Court is hereby quashed and set aside. The
present applicant accused has been acquitted from all the
charges and his bail bond stands cancelled accordingly.
The present applicant - accused is ordered to be released
immediately from the jail, if not required in any other
offence. If any amount is deposited by the the applicant -
accused before the concerned learned appellate Court,
the same be refunded to the applicant - accused after due
verification by the Registry of the concerned Court.
NEUTRAL CITATION
R/CR.RA/1592/2025 ORDER DATED: 04/09/2025
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7. 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.
reported in AIR 2010 SC (1907), the applicant has to
deposit amount of Rs.5000/- before the Gujarat State
Legal Service Authority within 4 weeks.
8. Rule is made absolute. Direct service today is
permitted.
(L. S. PIRZADA, J)
Hitesh
