[Cites 5, Cited by 0]
Gujarat High Court
Kamelsh Ramniklal Shah vs Vinodbhai Dahyabhai Shahi on 10 April, 2026
NEUTRAL CITATION
R/CR.RA/573/2021 JUDGMENT DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 573 of 2021
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 573 of 2021
With
R/CRIMINAL REVISION APPLICATION NO. 574 of 2021
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 574 of 2021
With
R/CRIMINAL REVISION APPLICATION NO. 576 of 2021
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 576 of 2021
With
R/CRIMINAL REVISION APPLICATION NO. 927 of 2023
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 927 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 946 of 2023
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 946 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 948 of 2023
With
CRIMINAL MISC.APPLICATION (FOR WITHDRAWAL/DISBURSEMENT
OF AMOUNT) NO. 1 of 2025
In R/CRIMINAL REVISION APPLICATION NO. 948 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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KAMELSH RAMNIKLAL SHAH
Versus
VINODBHAI DAHYABHAI SHAHI & ANR.
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1
NEUTRAL CITATION
R/CR.RA/573/2021 JUDGMENT DATED: 10/04/2026
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MR RAMNANDAN SINGH(1126) for the Respondent(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 10/04/2026
COMMON JUDGMENT
1) By way of present revision applications under Sections 397 read with
401 of the Code of Criminal Procedure, 1973, the applicants have
prayed for quashing and setting aside the judgment and order of
conviction and sentence passed by the learned JMFC, Vapi, whereby,
the trial Court has been pleased to hold the applicants guilty for the
offence punishable under Section 138 of the Negotiable Instruments
Act (which shall hereinafter be referred to as "NI Act" for short) and
sentenced to undergo simple imprisonment of one year and also
directed to pay fine of Rs.1,00,000/- i.e. (double of the cheque
amount) and in default of payment of fine to undergo further simple
imprisonment of three months. The said orders were assailed by way
of filing Criminal Appeals, wherein, the appeals came to be dismissed
by learned 3rd Additional Sessions Judge, Valsad at Vapi, and the
order of conviction and sentence has been confirmed. Hence, the
present Revision Applications have been filed by the applicants-
accused.
2) Learned Advocate for the applicants has submitted that during the
pendency of the present revisions, settlement has been arrived at
between the applicants -accused and complainant. Further, the
applicants are ready and willing to pay the cheque amount/s with
accrued interest to the complainant and also to pay additional
consolidated amount of Rs.1,25,000/- in thee revision applications i.e.
CRRA No.573, 927 and 946 of 2021.
3) Learned counsel for the respondent No.1 - complainant has also
NEUTRAL CITATION
R/CR.RA/573/2021 JUDGMENT DATED: 10/04/2026
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admitted the factum of settlement and filed an affidavit to that
effect before this Court. In his affidavit, the complainant has stated
that he has no objection if the revision applications are allowed and
conviction against the applicants is set aside on payment of cheque
amount in each case and consolidated amount of Rs.1,25,000/- to him
in three revision application. Copies of the affidavits filed by the
complainant are taken on record.
4) Thus, taking into account the fact of settlement, compounding of the
offence is hereby permitted under Section 147 of the Act. Although
the settlement has been reached at a very belated stage, the
impugned offence is compoundable.
5) At the same time, this Court has taken into consideration the object
of the Act as accused are ready to pay the payment and complainant
has no objection about the same. Hence, in view of judgment of the
Hon'ble Supreme Court Sanjabij Tari Vs Kishore S. Borcar, Neutral
Citation 2025 INSC 1158, 7.5% compoundable amount towards costs
is required to be awarded, but there is no bar to consider the
prevailing circumstances more particularly considering the fact that
the applicant/s are suffering from the medical ailment.
6) Accordingly, present revision applications are allowed. The judgment
and orders of conviction and sentence passed by the learned JMFC,
Vapi which were confirmed by learned 3rd Additional Sessions Judge,
Valsad at Vapi are hereby quashed and set aside. The applicants are
acquitted from the charges against them. The applicants are ordered
to be set at liberty forthwith if they are not required in any other
case. The bail and bail bond stands cancelled and surety, if any, stands
discharged. Record and proceedings be sent back to the concerned
Court forthwith. Allied Misc. Applications also stand disposed of. Rule
is made absolute.
NEUTRAL CITATION
R/CR.RA/573/2021 JUDGMENT DATED: 10/04/2026
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7) In view of the above, the applicants shall deposit costs of Rs.10,000/-
before the State Legal Service Authority within two weeks. During
pendency of the revision application, amount if any deposited before
this Court/lower appellate Court which is lying in FDR is ordered to be
released along with accrued interest in favour of the complainant
upon due and proper verification.
(HASMUKH D. SUTHAR,J)
SUCHIT
