IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONDONATION OF DELAY) NO.

21935 of 2025 In R/CRIMINAL REVISION APPLICATION NO. 2565 of 2025 With R/CRIMINAL REVISION APPLICATION NO. 2565 of 2025 ==========================================================

PURABIYA JITENDRABHAI LAKHMANBHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

MS. AYUSHI H VYAS(17442) for the Applicant(s) No. 1 TANMAY B JOSHI(9457) for the Applicant(s) No. 1 DS AFF.NOT FILED (N) for the Respondent(s) No. 2 MR UTKARSH SHARMA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 18/12/2025

ORAL ORDER

ORDER IN CRIMINAL MISC. APPLICATION :

1. Learned advocate Ms. Riya Navin states that she has instructions to appear on behalf of the respondent No. 2 herein – original complainant and shall file her Vakalatnama before the Registry in due course. Registry to accept her Vakalatnama.

2. By this application under section 5 of the Limitation Act, the applicant seeks condonation of delay of 156 days caused in filing the captioned revision application.

3. Rule, returnable forthwith. Learned advocates for the respective respondents waive service.

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4. Heard, the learned advocates for the parties

5. Having heard and considering the averments made in the memorandum of application, the Court is of the view that the delay that has occasioned in preferring the revision application has been sufficiently explained. The application, therefore, succeeds and is, accordingly, allowed. The delay caused in filing the revision application is hereby condoned.

Rule is made absolute accordingly.

ORDER IN CRIMINAL REVISION APPLICATION:

1. Rule, returnable forthwith. Learned advocates for the respective respondents waives service.

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 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 24.06.2024 passed by the learned 5^th Additional Chief Judicial Magistrate, Jamnagar in Criminal Case No. 10854/2022 , 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 (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 Additional Sessions Judge, Jamnagar by way of Criminal Appeal No. 393/2024 , which came to be dismissed vide judgment and order dated 20.01.2025 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.

5. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. Original complainant – Kanakhara Miral Jadishbhai 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 and th