Gujarat High Court
Rajubhai Babubhai Rabari ... vs State Of Gujarat on 11 September, 2025
NEUTRAL CITATION
R/CR.RA/1666/2025 ORDER DATED: 11/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1666 of 2025
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RAJUBHAI BABUBHAI RABARI (JALASANVALA)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SANJAY PRAJAPATI(3227) 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 : 11/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the
Respondent - State.
2. Learned advocate Ms. Nishita Prajapati stated that she
has instructions to appear on behalf of the Respondent No. 2 -
Original Complainant and seeks permission to file
Vakalatnama. Registry to accept the Vakalatnama and also
placed on record the affidavit filed by the respondent no.2 and
further submitted that the respondent no.2 - Chiragkumar
Jayantibhai Patel is present.
3. Heard learned advocate for the applicant and it is
submitted that the present applicant - accused is in judicial
custody and the matter has been amicably settled between the
parties and the cheque amount has already been paid to the
complainant.
NEUTRAL CITATION
R/CR.RA/1666/2025 ORDER DATED: 11/09/2025
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4. The original complainant is present before the Court and
when asked by the Court, he submitted that the matter has
been amicably settled between the parties and he has no
objection, if conviction is set aside. Further, original
complainant submitted that 20% of the cheque amount which
has been deposited by the present applicant - accused, is to
be refunded to the original complainant. Further, in support
of his contention, the original complainant has filed his
affidavit on record and confirmed the signature on the
affidavit. 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 Additional Chief Judicial Magistrate, Petlad in
Criminal Case No.455 of 2022 dated 25.04.2024, convicting
the present applicant original accused under Section 138 of
the Negotiable Instruments Act, 1881 and sentenced him to 1
year simple imprisonment as well as the judgment passed by
the learned 4th Additional Sessions Judge, Petlad in Criminal
Appeal No.15 of 2024 dated 17.06.2025, 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 amount of
Rs.1,40,000/- which has been deposited by the present
applicant - accused before the learned Sessions Court, is to be
NEUTRAL CITATION
R/CR.RA/1666/2025 ORDER DATED: 11/09/2025
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paid to the original complainant - Mr. Chiragkumar
Jayantibhai Patel by the concerned Registry 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 pay Rs.10,000/-
before the Gujarat State Legal Service Authority within a
period of 3 weeks.
6. The present application is disposed of accordingly.
7. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
