Citation : 2025 Latest Caselaw 6571 Guj
Judgement Date : 13 September, 2025
NEUTRAL CITATION
R/CR.RA/856/2025 CONCILIATION ORDER DATED:
13/09/2025 undefined
IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 13TH DAY OF SEPTEMBER, 2025
CONCILIATORS PRESENT: HONOURABLE MR.JUSTICE UTKARSH
THAKORBHAI DESAI
AND
CONCILIATOR - MR. JAL SOLI UNWALLA
(LD. DESIGNATED SENIOR ADVOCATE)
R/CRIMINAL REVISION APPLICATION NO. 856 of 2025
1 GORDHANBHAI
SAMPATBHAI CHUNARA
CHUNARAVAS,?
OPPOSITE APPLEWOOD,
PANCH TALAV,?
SHANTIPURA, SARKHEJ,?
DISTRICT- AHMEDABAD?
(NOT ON BAIL/JAIL YET NOT
SURRENDER)
Applicant(s)
VERSUS
1 STATE OF GUJARAT 2 BABUBHAI NATVARBHAI
NOTICE TO BE SERVED CHUNARA
THROUGH PUBLIC GANJAKHAN,?
PROSECUTOR,? BESIDE PWD, SANAND?
HIGH COURT OF GUJARAT,? DISTRICT AHMEDABAD
AHMEDABAD
Respondent(s)
==========================================================
Appearance:
MR SHIRISH R PATEL(5605) for the Applicant(s) No. 1 MS MEENA VYAS(3315) for the Respondent(s) No. 2 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ==========================================================
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CONCILIATION ORDER
1. With the consent of the parties, this matter was
taken up for hearing in the Lok Adalat.
2. Respondent No. 2 - original complainant is present
today. He has been duly identified by the learned
advocate for the applicant. Respondent no. 2 - original
complainant has filed an affidavit wherein, he has stated
that, he has received the amount of Rs.3,96,000/- and
that, he does not wish to proceed with the litigation. He
has also stated that, he has no objection if the
conviction is quashed and set aside. The affidavit is
ordered to be taken on record. Para 4 and 5 of the
affidavit reads as hereunder :
"(4) I respectfully say and submits that, the disputed cheque amount of Rs: 11,00,000/-. The accused had been already been paid Rs: 2,20,000/-
before the Ld. Trial court and 1,76,000/- has been deposited before the Ld. Session court. The original complainant herein respondent No:2 has received total amount of Rs: 3,96,000/- out of disputed cheque amount of Rs: 11,00,000/-. The
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remaining un-paid amount of Rs. 7,04,000/- is may be deposited by the present applicant accused before the trial court by virtue of order dated: 19/6/2025 by this honorable court.
(5) I respectfully say and submits that the court shall have pass an order for withdraw or disburse the said amount of Rs. 7,04,000/- which is deposited by the applicant accused before the trial court on receipts no: 1-7033653 dated:
5/7/2025 as per the ordered by the High Court of Gujarat order dated: 19/6/2025 in the favor of the present respondent no:2, original complainant on the name of BABUBHAI NATVARBHAI CHUNARA after verification, the respondent no:2 shall have no objection to quash and set aside the conviction order dated: 30/9/2023 passed by the Judicial Magistrate Sanand District:
Ahmedabad in CC No: 2852 and order dated: 25/4/2025 passed by the 7 th Additional District Judge Ahmedabad Sanand District Ahmedabad in Criminal Appeal No: 157 of 2023 confirmed the trial court order. Further the original complainant has assured that the disputed amount has been settled and not proceed and civil suit in future.
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It is moreover submitted that if any documents executed in pursuance to the cheques in question, would also stand cancelled by way of present settlement and parties would also not claim contrary to the settlement in future also."
3. The amount which has been deposited of
Rs. 7,04,000/- by the accused before the Trial Court to be
given to the original complainant - BABUBHAI
NATVARBHAI CHUNARA upon due identification and
verification.
4. In view of the settlement arrived at between the
parties and in view of the fact that, now the original
complainant does not want to continue with the
proceedings, the impugned order and judgment of
conviction dated 30.09.2023 passed by the Learned
Additional Chief Judicial Magistrate First Class, Sanand,
Ahmedabad (Rural) in Criminal Complaint No. 2852 of th 2021 and sentence imposed by the learned 7 Additional
District and Sessions Judge, Ahmedabad (Rural) dated
25.04.2025 in Criminal Appeal No.157 of 2023 as well as
consequential proceedings arising therefrom are hereby
quashed and set aside.
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5. In view of the aforesaid settlement between the
parties, present revision application is allowed. In view of
disposal of main revision application, all connected
applications also stand disposed of. Rule/ notice, if any,
shall stand discharged. The order passed in this revision
application shall not be treated as precedent in any
other matter including any case arising out of the same
incident.
(UTKARSH THAKORBHAI DESAI, J) CONCILIATOR
(JAL SOLI UNWALLA, SENIOR ADVOCATE) CONCILIATOR MAYA
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