[Cites 3, Cited by 0]
Gujarat High Court
Rakeshbhai Prabhudas Savariya vs State Of Gujarat on 20 February, 2026
NEUTRAL CITATION
R/CR.RA/2559/2025 ORDER DATED: 20/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 2559 of 2025
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RAKESHBHAI PRABHUDAS SAVARIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VEDANT D GAIKWAD(10444) for the Applicant(s) No. 1
PRANAV DHAGAT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 20/02/2026
ORAL ORDER
1. Learned advocate Mr. Kush Bavishi states that he has
instructions to appear on behalf of the respondent No. 2
herein - original complainant and shall file his Vakalatnama
before the Registry. Registry to accept his Vakalatnama.
2. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the original complainant waive
service of notice of Rule on behalf of the respective
respondents.
3. Considering the issue involved in the present
application, with the 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 today as alleged offence is
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R/CR.RA/2559/2025 ORDER DATED: 20/02/2026
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compoundable.
4. By this revision application under Section 438 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short "BNSS")
read with section 442 of BNSS, the applicant has prayed for
quashing and setting aside the judgment and order dated
08.05.2024 passed by the learned 2nd Additional Senior Civil
Judge and Additional Senior Judicial Magistrate at Vadodara
in Criminal Case No. 19013/2022, whereby the trial Court
held the applicant guilty for the offence under Section 138 of
the Negotiable Instruments Act, 1881 (for short "NI Act") and
sentenced to undergo Simple Imprisonment. The said order
was assailed before the learned 10th Additional Sessions Judge
at Vadodara by way of Criminal Appeal No. 1000 of 2024,
which came to be dismissed vide judgment and order dated
15.10.2025 and the order of conviction has been confirmed
and upheld. Aggrieved thereby, this revision application is
filed.
5. Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present
application. However, 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.
6. Learned advocate for original complainant has reiterated
the contentions raised by the learned advocate for the
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R/CR.RA/2559/2025 ORDER DATED: 20/02/2026
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applicant. Original complainant - Jigneshbhai Mukeshbhai
Parekh appeared before the Court online and is identified by
the learned advocate for the original complainant. The
complainant affirms the factum of settlement. He has also
filed an affidavit, which is taken on record, stating therein that
he has no objection if the judgment and orders impugned in
this revision application are quashed and set aside. He also
states that he has filed the affidavit without any coercion,
threat or undue influence, on his own volition. On inquiry
made by the Court, the 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 received by the original complainant and
therefore, now the grievance stands redressed. It is, therefore,
submitted that the present application may be allowed.
7. Learned Additional Public Prosecutor appearing for the
State has submitted that in the facts and circumstances of the
case and in view of the extant law, Court may pass
appropriate orders.
8. Considering the fact that the dispute is settled between
the parties and that the applicant has paid the cheque
amount to the complainant and said fact has been confirmed
by the complainant, as the offence is compoundable one at
any stage under Section 147 of the NI Act.
9. Resultantly, this revision application is allowed. The
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R/CR.RA/2559/2025 ORDER DATED: 20/02/2026
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judgment and orders impugned in this revision application,
referred to herein above, are hereby quashed and set aside.
The applicant is acquitted of the present charge. The amount
deposited before the Trial Court shall be disbursed in favour of
the original Complainant after due verification. Bail bond and
surety, if any, shall stand discharged.
10. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(P. M. RAVAL, J)
MMP
