Gujarat High Court
Maldebhai Vajshibhai Gagiya vs State Of Gujarat on 9 September, 2025
NEUTRAL CITATION
R/CR.RA/87/2025 ORDER DATED: 09/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 87 of 2025
With
CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.
1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 87 of 2025
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MALDEBHAI VAJSHIBHAI GAGIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VH KANARA(1881) for the Applicant(s) No. 1
NISHITH P ACHARYA(9308) 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 : 09/09/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service on behalf of the
respondent - State.
2. Learned advocate Mr. Ronit Rathod has submitted that he
has instructions to appear on behalf of the respondent no.2
original complainant. Further he placed on record affidavit of
the respondent no.2.
3. Heard learned advocate for the applicant. It is submitted
that the matter has been amicably settled between the parties
NEUTRAL CITATION
R/CR.RA/87/2025 ORDER DATED: 09/09/2025
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and the cheque amount has already been paid to the original
complainant and requested present judgment of conviction is
set aside and present applicant be acquitted from all the
charges and the matter has been settled. Respondent no.2 is
personally present before this Court and when asked, he stated
that he has already received the amount and he has no
objection, if the conviction is set aside and the present
applicant be acquitted from all the charges. Further, he
confirmed his signature on the affidavit and also confirmed the
contents in the affidavit. Further, complainant has submitted
that 20% amount which has been deposited by the present
applicant before the learned District Court is required to be
paid to the present applicant - accused.
4. Considering the facts that the offence under Section 138
of the Negotiable Instruments Act is compoundable and
considering this judgment passed by the learned 10 th Additional
Chief Judicial Magistrate, Jamnagar in Criminal Case
No.3224/2017 by judgment and order dated 31.01.2022
convicting the present applicant accused under Section 138 of
the Negotiable Instruments Act and sentence him to one year
of simple imprisonment and judgment passed by the learned
2nd Additional Sessions Judge, Jamnagar in Criminal Appeal
No. 48/2022 by judgment dated 06.01.2025 dismissing the
NEUTRAL CITATION
R/CR.RA/87/2025 ORDER DATED: 09/09/2025
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appeal and confirming the judgment of conviction by the
learned Trial Court is hereby quashed and set aside. The
present applicant is hereby acquitted from all the charges and
20% of the cheque amount has already been deposited by the
present applicant accused to be returned to the present
applicant accused by the concerned Registry of the learned
Sessions Court after due verification.
5. 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.7,500/-
before the Gujarat State Legal Service Authority within three
weeks from the date of passing of this order.
The present application is disposed of accordingly.
Rule is made absolute. Direct service permitted.
(L. S. PIRZADA, J)
HRT
