[Cites 3, Cited by 0]
Gujarat High Court
Lakhabhai D. Kanara Proprietor Of India ... vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.RA/655/2018 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 655 of 2018
With
CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2026
In R/CRIMINAL REVISION APPLICATION NO. 655 of 2018
With
R/CRIMINAL MISC.APPLICATION NO. 3198 of 2022
In
R/CRIMINAL REVISION APPLICATION NO. 179 of 2022
With
R/CRIMINAL REVISION APPLICATION NO. 179 of 2022
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LAKHABHAI D. KANARA PROPRIETOR OF INDIA SALES AGENCY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
SAN ASSOCIATES LLP(8655) for the Applicant(s) No. 1
MR.P B SHARMA(3778) 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 : 04/05/2026
ORDER
1. By way of the Criminal Misc. Application (Direction) No. 1 of
2026 In R/Criminal Revision Application No. 655 Of 2018, the
applicant has sought the following relief:
"A). The Lordship may be pleased to admit and allow this
Composition Application filed vide present Cr. Misc. Application.
B). Your Lordship may be pleased to pass necessary order
under Section -147 of the Negotiable Instruments Act, 1881,
R/w Section 320(8) of the Criminal Procedure Code, 1973, and
thereby compound the offence against the accused and
accordingly the composition application may please be accepted
and allowed.
C). Your Lordship may be pleased to set aside the conviction
and sentence passed by the Metropolitan Magistrate (N.I) Court
No. 30, Ahmedabad in C.C.No. 849/2016 on dated 12.06.2017.
NEUTRAL CITATION
R/CR.RA/655/2018 ORDER DATED: 04/05/2026
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D). Your Lordship may be pleased to set aside the Order of
conviction passed by the Ld. City Civil & Sessions Court,
Ahmedabad in Cr. Appeal No. 523/2017 dated 07.06.2018.
C). Your Lordship may be pleased to dispose the pending
Cr.Revision Application No.655 of 2018, filed by accused
pending before this Hon'ble Court as infructuous.
E). Your Lordship may be pleased to dispose the cross Cr.
Revision Application No. 179 of 2022 along with Cr. Misc.
Application No. 3198 of 2022, filed by the complainant pending
before this Hon'ble court as withdrawn.
F). Your Lordship may be pleased to grant any other and further
relief as may be necessary in the interest of justice."
2. Learned advocate for the applicant has taken this Court
through the factual matrix of the present application. At the
outset, it is submitted that the parties have amicably resolved
the dispute. It is further submitted that in view of the settlement
arrived at between the parties, the present application deserves
to be considered.
3. Learned Additional Public Prosecutor appearing for the State
has opposed the present application and submitted that
considering the seriousness of the offence, the present
application may not be entertained.
4. The learned advocate appearing for the complainant has
confirmed that the dispute has been settled between the parties.
In this regard, on behalf of respondent No.2 an affidavit has filed
in Criminal Misc. Application (Direction) No. 1 of 2026 In
R/Criminal Revision Application No. 655 Of 2018 on record
NEUTRAL CITATION
R/CR.RA/655/2018 ORDER DATED: 04/05/2026
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stating that the respondent No.2 has no objection if the present
application is allowed.
5. In view of the above, it appears that during the pendency of
the present application the matter has been amicably settled
between the parties. In this regard, respondent No.2 has filed an
affidavit on record stating as under:
"That both parties hereinabove mutually agreed for
settlement, and as a part of settlement the Second Part
has handover a Demand Draft of Rs. Ninteen 1944 (Rs.
19,000001/- bearing No.205988 dated drawn on
11/02/26, Jamjodhpur Branch, in favour of the First
Part. The said demand Draft has been accepted by the
first part as full and final settlement amount, and also
assured withdrawal of the pending Complaint/ Revision
before the respective unconditionally.."
6. Having heard the learned advocates for the respective parties
and considering the material placed on record, it appears that
the dispute between the parties has now been amicably resolved.
The complainant has filed an affidavit stating that he has no
objection if the complaint is quashed. Therefore, no fruitful
purpose would be served by continuing the proceedings further.
However, since the accused has settled the dispute at a belated
stage before this Court, in view of the decision of the Hon'ble
Supreme Court in Sanjabij Tari vs. Kishore S Boarcar & Anr.
reported in 2025 INSC 1158, the accused is required to deposit
7.5% of the cheque amount as costs. Accordingly, the applicant
is directed to deposit Rs.1,42,500/- (7.5% of Rs.19,00,000/-)
with the Gujarat State Legal Services Authority.
7. Resultantly, R/Criminal Revision Application No. 655 of
NEUTRAL CITATION
R/CR.RA/655/2018 ORDER DATED: 04/05/2026
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2018; Criminal Misc. Application (Direction) No. 1 of 2026 in
R/Criminal Revision Application No. 655 of 2018; R/Criminal
Misc. Application No. 3198 of 2022 in R/Criminal Revision
Application No. 179 of 2022; and R/Criminal Revision
Application No. 179 of 2022 as well as all connected application
stand disposed of in view of the settlement arrived at between
the parties. The order of conviction and sentence dated
12.06.2017 passed by the learned Metropolitan Magistrate (N.I.)
Court No. 30, Ahmedabad in C.C. No. 849 of 2016, as well as the
order of conviction dated 07.06.2018 passed by the learned City
Civil & Sessions Court, Ahmedabad in Criminal Appeal No. 523
of 2017, are hereby quashed and set aside, along with all
consequential proceedings arising therefrom qua the present
applicant. If the applicant is in custody, the concerned jail
authority shall release the applicant forthwith, if not required in
connection with any other case. Interim relief, if any, stands
vacated. Direct service is permitted.
(HASMUKH D. SUTHAR,J)
ALI
