[Cites 3, Cited by 0]
Gujarat High Court
Sunilkumar Haribhai Prajapati vs Iqbal Yakub Bapu on 19 January, 2026
NEUTRAL CITATION
R/CR.RA/123/2026 ORDER DATED: 19/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST
CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 123 of
2026
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SUNILKUMAR HARIBHAI PRAJAPATI
Versus
IQBAL YAKUB BAPU & ANR.
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Appearance:
PRASHANT V CHAVDA(8510) for the Applicant(s) No. 1
ROHAN RAVAL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 19/01/2026
ORAL ORDER
1. Rule, returnable forthwith. 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.
2. 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/123/2026 ORDER DATED: 19/01/2026
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compoundable.
3. 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 04.02.2023 passed by the learned 13 th
Additional Chief Judicial Magistrate, Vadodara in Criminal
Case No. 11484 of 2021, 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 (SI) of one year
and also directed to pay the cheque amount to the original
complainant as compensation. The said order was assailed
before the learned 6th Additional District Judge, Vadodara
by way of Criminal Appeal No. 126 of 2023, which came to
be dismissed vide judgment and order dated 20.04.2024
and the order of conviction has been confirmed and upheld.
Aggrieved thereby, this revision application is filed.
4. 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.
NEUTRAL CITATION
R/CR.RA/123/2026 ORDER DATED: 19/01/2026
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5. A perusal of order dated 08.01.2026 passed in
Criminal Misc. Application No. 27469 of 2025 reveals
that Original complainant - Iqbal Yakub Bapu appeared
before the Court online. The complainant affirmed the
factum of settlement. He has also filed an affidavit in that
proceedings which was taken on record, stating therein that
he has received that entire cheque amount from the present
applicant and no dues are outstanding. He also states that
he has filed the affidavit without any coercion, threat or
undue influence, on his own volition. The original
complainant has declared before the Court that the dispute
between the applicant and the original complainant is
resolved and entire 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.
6. 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.
7. Considering the fact that the dispute is settled
between the parties and that the applicant has paid the
entire amount to the complainant and said fact has been
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R/CR.RA/123/2026 ORDER DATED: 19/01/2026
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confirmed by the complainant, as the offence is
compoundable one at any stage under Section 147 of the NI
Act.
8. Resultantly, this revision application is allowed. The
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.
8.1 The applicant is reported to be in jail. Accordingly, the
applicant is directed to be released from jail forthwith, if he
is not required in any other case.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(P. M. RAVAL, J)
MOHD SAIF ULLAH
