Gujarat High Court
Vijaykumar Kiritbhai Solanki vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/1605/2025 ORDER DATED: 08/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1605 of 2025
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VIJAYKUMAR KIRITBHAI SOLANKI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KEVAL G BRAHMBHATT (BAROT)(9900) 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 : 08/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the
Respondent - State.
2. Learned advocate Mr. Rohan G. Vaghela 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 application has been preferred against two
concurrent judgments of the conviction reported by the
learned Trial Court and the learned Appellate Court and it is
submitted that the present matter has been amicably settled
between the parties and the cheque amount is already been
paid to the complainant. The original complainant is present
before the Court and from the verification, he confirmed that
NEUTRAL CITATION
R/CR.RA/1605/2025 ORDER DATED: 08/09/2025
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he has no objection, if conviction is set aside. Further, in
support of his contention, the original complainant has filed
his affidavit on record and further, he has submitted that the
matter has been amicably settled between the parties and he
has paid the cheque amount. 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 Judicial Magistrate, First
Class, Sevaliya in Criminal Case No.135 of 2022 dated
26.09.2024, convicting the present applicant original accused
under Section 138 of the Negotiable Instruments Act, 1881
and sentenced the present applicant - accused to 1 year
simple imprisonment as well as the judgment passed by the
learned 3rd Additional Sessions Judge, Kheda at Nadiad in
Criminal Appeal No.548 of 2024 dated 07.08.2025, 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. The present applicant -
accused is in judicial custody and be released on bail
immediately from the jail, if is not required in any other
offences. The present applicant has deposited Rs.22,500/-
before the learned Appellate Court and as per the settlement,
the said amount is to be paid to the present applicant -
accused by the concerned Registry of the District Court after
due verification.
4. Considering the facts and circumstances of the case and
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R/CR.RA/1605/2025 ORDER DATED: 08/09/2025
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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.5,000/-
before the Gujarat State Legal Service Authority within a
period of 2 weeks.
5. The present application is disposed of accordingly.
6. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
