Back
2025 Supreme(Online)(Guj) 8348
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
L. S. PIRZADA, J
RANJITSINH GANESHJI THAKOR – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 1319 of 2025
For the Appellants/Petitioners: MS. SHIVANGI M RANA
For the Respondents: MS BARKHA R MAHESHWARI, MR. H K PATEL APP
Acquittal in cases of amicable settlement under Section 138 of the Negotiable Instruments Act.
Headnote:The revision application was preferred against the conviction under Section 138 of the Negotiable Instruments Act, 1881. The matter was amicably settled, and the original complainant had no objection to setting aside the conviction. The judgments of the lower court and Sessions Judge were quashed, resulting in the acquittal of the accused. The accused was also ordered to pay a fee of Rs. 5,000 to the Gujarat State Legal Service Authority. The application was disposed of, and the rule was made absolute.
| Table of Content |
|---|
| 1. the conviction was confirmed under section 138 but ended in settlement. (Para 1 , 2) |
| 2. the court mandates payment to the legal authority following the acquittal. (Para 3) |
ORAL ORDER
1. Rule. Learned APP waives service of Rule on behalf of the Respondent – State.
2. It is submitted by the learned advocate for the applicant that the present revision application has been preferred against the confirmation of the conviction under Section 138 of the N.I. Act by the learned Sessions Court. Further, it is submitted that the present matter has been amicably settled between the parties and the cheque amount has already been paid to the original complainant. Learned advocate for the original complainant submitted that at the time of hearing ogf the delay condonation application, original complainant was present before the Court and he has stated before the Court that the matter has been amicably settled and he has no objection, if conviction is set aside and the same has been confirmed by the learned advocate for the respondent no.2 - original complainant. The amount of Rs.38,000/- has been deposited by the present applicant – accused before the learned Trial Court and the same amount has been refunded to the present respondent no.2 – original complainant by the registry of the concerned Court after due verification. Considering the fact that the present accused is convicted under Section 138 of the Negotiable Instruments Act, 1881 with compoundable offence and the matter is amicably settled between the parties, the judgment passed by the learned 2nd Judicial Magistrate, First Class, Mahesana in Criminal Case No.388 of 2024 dated 22.07.2024, convicting the present applicant - original accused under Section 138 of the Negotiable Instruments Act, 1881 and sentencing to 6 months simple imprisonment as well as the judgment passed by the learned 3rd Additional Sessions Judge, Mahesana in Criminal Appeal No.624 of 2024 dated 28.02.2025, rejecting the appeal and confirming the judgment of the learned Trial Court is hereby quashed and set aside. The present applicant accused is hereby acquitted from all the charges and his bail bond stands cancelled accordingly.
3. Considering the facts and circumstances of the case and considering the judgment of the Hon’ble Apex Court in the case of Damodar S. Prabhu vs Sayed Babalal H. reported in AIR 2010 SC (1907), the applicant has to pay Rs.5,000/- before the Gujarat State Legal Service Authority within a period of 3 weeks.
