Gujarat High Court
Paresh Shantaram Devlekar vs Deepkamal Automobiles Private Limited ... on 12 September, 2025
NEUTRAL CITATION
R/CR.RA/1673/2025 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. 1673 of 2025
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PARESH SHANTARAM DEVLEKAR
Versus
DEEPKAMAL AUTOMOBILES PRIVATE LIMITED THRO MAHESH
RAMESHCHANDRA PATEL & ANR.
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Appearance:
MR RISHABH R JAIN(12326) for the Applicant(s) No. 1
MR. H.K. PATEL APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 12/09/2025
ORAL ORDER
1. Rule. Learned A.P.P. waives service on behalf of the
respondent - State.
2. Learned advocate Mr. Sagar D. Vaghasiya upon
instructions submitted that he has instructions to appear on
behalf of the respondent original complainant and seeks
permission to file Vakalatnama with the Registry. Permission is
granted. Registry is directed to accept the Vakalatnama.
3. It is submitted that the matter has been settled between
the parties and pursuant to the settlement arrived between the
parties civil suit no.2694/2012 which was filed by the original
NEUTRAL CITATION
R/CR.RA/1673/2025 ORDER DATED: 12/09/2025
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complainant against the present applicant - accused has also
been withdrawn in the Lok Adalat on 12.07.2025. Further
learned advocate for the applicant has placed on record
Memorandum of Understanding (MOU) arrived between the
parties, it would be taken on record. Further learned advocate
for the respondent original complainant has submitted that he
has no objection, if the conviction of the present applicant is
to be set aside and acquitted.
4. Considering this facts, the matter has been amicably
settled between the parties. The judgment passed by the
learned Additional Chief Metropolitan Magistrate, Negotiable
Instruments Act Court No.28, Ahmedabad in Criminal Case
no.710/2012 by judgment and order dated 07.02.2017
convicting the present applicant under Section 138 of the
Negotiable Instruments Act and sentence him to six months of
simple imprisonment and judgment passed by the learned City
Civil and Sessions Judge, Ahmedabad, Court No.6 in Criminal
Appeal No.109/2017 by judgment dated 01.06.2018 is hereby
quashed and set aside and the present applicant accused is
hereby acquitted from all the charges.
5. Further, the present applicant accused has deposited
Rs.50,000/- before the learned City Civil Court, Ahmedabad the
NEUTRAL CITATION
R/CR.RA/1673/2025 ORDER DATED: 12/09/2025
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same amount is to be paid to the present respondent original
complainant by the concerned Registry after due verification.
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.7,500/-
before the Gujarat State Legal Service Authority within two
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
