Gujarat High Court
Ambabhai Danabhai Pantrod vs State Of Gujarat on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/1707/2025 ORDER DATED: 12/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1707 of 2025
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AMBABHAI DANABHAI PANTROD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR P P MAJMUDAR(5284) 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 : 12/09/2025
ORAL ORDER
1. Rule. Learned APP waives service on behalf of the
Respondent - State.
2. Learned advocate Mr. Harsh Soni 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 that the present matter has been
amicably settled between the parties and the amount has
already been paid to the original complainant. The original
complainant - Nanjibhai Jethabhai Kanbi is present before the
Court and when asked by the Court, the original complainant
submitted that the matter has been amicably settled between
the parties and the he has received the full cheque amount
and 20% amount deposited by the present applicant - accused
NEUTRAL CITATION
R/CR.RA/1707/2025 ORDER DATED: 12/09/2025
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is to be paid to the present applicant - accused and in that, he
has no objection and from the verification, and 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 confirmed the signature.
4. 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 2nd Additional Judicial Magistrate, First Class,
Deesa in Criminal Case No.50 of 2022 dated 21.05.2024,
convicting the present applicant original accused under
Section 138 of the Negotiable Instruments Act, 1881 and
sentenced him to one year simple imprisonment as well as the
judgment passed by the learned 6 th Additional Sessions Judge,
Banaskantha at Deesa in Criminal Appeal No.73 of 2024 dated
25.08.2025, 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.
4. 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.15,000/-
NEUTRAL CITATION
R/CR.RA/1707/2025 ORDER DATED: 12/09/2025
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before the Gujarat State Legal Service Authority within a
period of 4 weeks from the date of this order.
5. The present application is disposed of accordingly.
6. Rule is made absolute. Direct Service is permitted.
(L. S. PIRZADA, J)
JCP
