[Cites 7, Cited by 0]
Gujarat High Court
Kiritbhai Ramanbhai Patel vs State Of Gujarat on 13 April, 2026
NEUTRAL CITATION
R/CR.RA/1068/2023 JUDGMENT DATED: 13/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1068 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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KIRITBHAI RAMANBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS RENU VERMA(5964) for the Applicant(s) No. 1
MR JOHNSEY P MACWAN(5498) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/04/2026
JUDGMENT
[1.0] Considering the issue involved in the present application and
with consent of the learned advocates appearing for the respective
parties as well as considering the fact that the dispute amongst the
applicant and original complainant has been resolved amicably, this
application is taken up for final disposal forthwith as alleged offence
is bailable and compoundable.
[2.0] By way of this application under Section 397 read with Section
401 of the Code of Criminal Procedure, 1973 (For short "CrPC"), the
applicant has prayed for quashing and setting aside the judgment
dated 31.07.2023 passed by the learned Sessions Court, Anand in
Criminal Appeal No.84/2022 as well as the order dated 29.03.2022
NEUTRAL CITATION
R/CR.RA/1068/2023 JUDGMENT DATED: 13/04/2026
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passed by the learned Chief Judicial Magistrate, Anand in Criminal
Case No.4206/2019, whereby the learned Magistrate has been pleased
to hold the applicant guilty for the offence punishable under Section
138 of Negotiable Instruments Act, 1881 (for short "NI Act") and
sentenced to undergo SI of two years and also directed to pay an
amount of Rs.20,00,000/- to the original complainant as
compensation. The said order was assailed before the learned 3 rd
Additional Sessions Judge, Anand by way of Criminal Appeal No.84 of
2022, which came to be dismissed vide impugned Judgment and order
dated 31.07.2023 and the order of conviction has been confirmed and
upheld by the concerned Additional Sessions Judge. Hence, this
Revision Application is filed.
[3.0] Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present application. At
the outset, it is submitted that the parties have amicably resolved the
issue. It is further submitted that in view of the fact that the dispute is
resolved, present application deserves consideration.
[4.0] Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that considering
the seriousness of the offence, present application may be rejected.
[5.0] Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
original complainant as well as the present applicant have personally
present through virtual mode and are identified by learned advocates
appearing for the respective parties. The parties have confirmed the
factum of settlement and stated that they have executed a
Agreement of Settlement dated 23.08.2024 which is taken on record
NEUTRAL CITATION
R/CR.RA/1068/2023 JUDGMENT DATED: 13/04/2026
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and as per the said agreement, it has been decided between the
parties to settle the dispute as the applicant has paid the entire
cheque amount to the original complainant. On inquiry made by the
Court, original complainant has declared before this Court that the
dispute between the applicant and the original complainant is
resolved and cheque amount has already been paid by the applicant -
original accused and therefore, now the grievance stands redressed. It
is therefore submitted that the present application may be allowed.
[6.0] At the outset, learned advocates for the respective parties
have jointly submitted that matter is settled and now the original
complainant does not wants to pursue for the further litigation as
complainant and applicant have settled the matter. Even complainant
has remained present before this Court and stated that he has no
objection if the conviction recorded by the learned Trial Court as well
as Appellate Court is set aside.
[7.0] Considering the fact that the dispute is settled between the
parties and the applicant has paid Rs.5,00,000/- towards the cheque
amount to the complainant on the date of agreement and
Rs.3,00,000/- and Rs.2,00,000/- were deposited by the applicant
before the learned appellate Court vide receipt dated 07.05.2022 and
said fact has been confirmed by the complainant as offence is
compoundable one at any stage under Section 147 of the NI Act. But,
as accused has settled the dispute at belated stage before this Court,
in view of the decision rendered in the case of Damodar S. Prabhu Vs.
Sayed Babalal H, reported in 2010(5) SCC 663, accused is required to
be saddled with cost and as the accused has already made the
payment/deposited the impugned amount, in view of the judgment of
the Hon'ble Supreme Court in the case of Sanjabij Tari Vs Kishore S.
NEUTRAL CITATION
R/CR.RA/1068/2023 JUDGMENT DATED: 13/04/2026
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Borcar, Neutral Citation 2025 INSC 1158, maintaining the conviction
this Court is inclined to extend the benefit under the Probation of
Offenders Act, 1958, to the applicant-accused.
[8.0] Resultantly, this revision application is allowed. The order dated
29.03.2022 passed by the learned Chief Judicial Magistrate, Anand in
Criminal Case No.4206/2019 and judgment and order dated
31.07.2023 passed by the learned Sessions Court, Anand in Criminal
Appeal No.84/2022 are hereby quashed and set aside with respect to
the applicant subject to deposit of 7.5% of the amount of cheque
before the Gujarat State Legal Services Authority.
[8.1] The Nazir, District Court, Anand to disburse the amount so
deposited by the applicant in favor of the original complainant after
due and proper verification. On compliance of the said order, if the
applicant is behind the bars, he shall be released subject to deposit of
aforesaid amount of cost, if his presence is no longer required in any
other criminal offence.
[9.0] The present application is allowed qua applicant. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
Sd/-
(HASMUKH D. SUTHAR, J.)
Ajay
