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Gujarat High Court
Jentilal Naran Pokar vs State Of Gujarat on 15 January, 2026
NEUTRAL CITATION
R/CR.RA/110/2026 ORDER DATED: 15/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 110 of 2026
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JENTILAL NARAN POKAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1
MR ROHAN N. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 15/01/2026
ORAL ORDER
1. Learned advocate Mr. Kuldeep Mehta states that he
has instructions to appear on behalf of the respondent/
original complainant-Mr. Harish Shivjibhai Vekriya. He
shall file his Vakalatnama before the Registry. Registry
to accept his Vakalatnama.
2. Heard learned advocates appearing for the
respective parties. Complainant Mr. Harish Shivjibhai
Vekriya is present before this Court. The photocopy of
the affidavit on behalf of the original complainant is
placed on record inter alia contending that the matter is
settled outside the Court.
3. Rule. Learned Additional Public Prosecutor as well
as learned advocate appearing for the original
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complainant waive service of notice of Rule on behalf of
the respective respondents.
4. 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 compoundable.
5. 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 02.09.2025 passed by the
learned Additional Judicial Magistrate First Class
Mandvi-Kachchh in Criminal Case No. 1357/2023,
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 Sessions Judge, Kachchh-Bhuj by way of
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Criminal Appeal No. 155/2025, which came to be
dismissed vide judgment and order dated 02.01.2026
and the order of conviction has been confirmed and
upheld. Aggrieved thereby, this revision application is
filed.
6. 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.
7. Learned advocate for original complainant has
reiterated the contentions raised by the learned
advocate for the applicant. Original complainant -
Harish Shivjibhai Vekriya appeared before the Court
online and is identified by the learned advocate for the
original complainant. The complain paid the cheque
amount to the complainant ant 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
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coercion, threat or undue influence, on his own volition.
On inquiry made by the Court, the orig paid the cheque
amount to the complainant final 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.
8. 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.
9. 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.
10. Resultantly, this revision application is allowed.
The judgment and orders impugned in this revision
application, referred to herein above, are hereby
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quashed and set aside. The applicant is acquitted of the
present charge.
10.1 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.
11. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(P. M. RAVAL, J)
ADITYA SINGH
