Gujarat High Court
Joshi Hitendrakumar Pravinchandra vs State Of Gujarat on 8 September, 2025
NEUTRAL CITATION
R/CR.RA/636/2025 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. 636 of 2025
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JOSHI HITENDRAKUMAR PRAVINCHANDRA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TEJAS P SATTA(3149) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
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. It is submitted by the learned advocate for the applicant
that the present matter has been amicably settled between
the parties and the cheque amount has already been paid to
the original complainant. Learned advocate Ms.Kiran Udasi
submitted that the original complainant has received the
cheque amount and has no objection, if conviction is set aside.
Further, in support of his contention, the original complainant
has filed his affidavit on record. Considering the fact that the
NEUTRAL CITATION
R/CR.RA/636/2025 ORDER DATED: 08/09/2025
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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, Kadi in Criminal Case No.183 of 2024 dated
18.11.2024, convicting the present applicant original accused
under Section 138 of the Negotiable Instruments Act, 1881
and sentenced the present applicant to 1 year simple
imprisonment as well as the judgment passed by the learned
3rd Additional District & Sessions Judge, Mahesana in Criminal
Appeal No.705 of 2024 dated 29.03.2025, 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 20% of the
amount of the cheque has been deposited by the present
applicant before the learned District Court, is to be refunded
to the present applicant - accused by the concerned Registry
after due verification.
NEUTRAL CITATION
R/CR.RA/636/2025 ORDER DATED: 08/09/2025
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3. 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 pay Rs.10,000/-
before the Gujarat State Legal Service Authority within a
period of 2 weeks.
4. The present application is disposed of accordingly.
5. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
