Gujarat High Court
Thakor Kirankumar Keshaji vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/1624/2025 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. 1624 of 2025
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THAKOR KIRANKUMAR KESHAJI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1
MS. SHIVANI J. LAD(17505) for the Applicant(s) No. 1
MR. H.K. PATEL 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 A.P.P. waives service on behalf of the
respondent State.
2. Learned advocate Mr. Shatrughan Soni has submitted that
he has instructions to appear on behalf the respondent no.2
original complainant and seeks permission to file Vakalatnama
with the Registry. Permission is granted. Registry is directed to
accept the Vakalatnama.
3. Learned advocate for the applicant has submitted that the
matter has been amicably settled between the parties and the
amount has already been paid to the society respondent no.
NEUTRAL CITATION
R/CR.RA/1624/2025 ORDER DATED: 08/09/2025
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original complainant Limbachia Sangitaben Chandulal
authorized officer of the respondent no.2 company.
Complainant is virtually present and she stated that society has
already received the amount and she has no objection, if the
judgment of conviction is to be set aside. Further she affirmed
that regarding the signature in the affidavit.
4. Considering the facts, the matter has been amicably
settled between the parties and the offence under Section 138
of the Negotiable Instruments Act is compoundable offence.
Hence, considering this, the judgment passed by the learned 5 th
Additional Judicial Magistrate First Class, Mahesana in
Criminal Case No.3382/2023 by judgment and order dated
16.07.2024 convicting the present applicant - accused under
Section 138 of the Negotiable Instruments Act and sentence
him to six months of simple imprisonment and judgment
passed by the 3rd Additional District and Sessions Judge,
Mahesana in Criminal Appeal No.487/2024 dismissing the
appeal of the present applicant - accused is here by quashed
and set aside. The present applicant -accused is hereby
acquitted from all the charges.
5. The present applicant - accused is in the judicial custody
be released immediately, if he is not required in any other
NEUTRAL CITATION
R/CR.RA/1624/2025 ORDER DATED: 08/09/2025
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offences. The amount Rs.41,000/- deposited by the present
applicant - accused before the learned Sessions Court, be
returned to the present applicant - accused after due
verification by the concerned Registry.
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. reported in
AIR 2010 SC (1907), the applicant has to deposit Rs.5,000/-
before the Gujarat State Legal Service Authority within two
weeks.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J)
HRT
