IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR.JUSTICE D. M. VYAS
HARESHBHAI KARSHANBHAI DOBARIYAV/sNISANT G. DAVE
R/CR.RA/75/2026
IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD BEFORE THE LOK ADALAT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD ON THIS 14TH DAY OF MARCH, 2026 CONCILIATORS PRESENT: HONOURABLE MR.JUSTICE D. M. VYAS AND CONCILIATOR - MR. APURVA SHARAD VAKIL (LD. DESIGNATED SENIOR ADVOCATE)
R/CRIMINAL REVISION APPLICATION NO. 75 of 2026
1 HARESHBHAI KARSHANBHAI DOBARIYA R/O. 202, KISHAN APARTMENT, AMBAVADI, JOSHIPURA, JUNAGADH ( AT PRESENTIN JUNAGADH DISTRICT JAIL SINCE 07-12-2025)
Applicant(s)
VERSUS
1 NISANT G. DAVE 2 STATE OF GUJARAT R/O. MOTA KOTDA, TA. NOTICE TO BE SERVED BILKHA, DIST. JUNAGADH. THROUGH THE LEARNED PUBLIC PREOSECUTOR, HIGH COURT OF GUJARAT, AT SOLA , AHMEDABAD.
Respondent(s)
==========================================================
Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 1 MS DIMPLE A DHAMANI(12061) for the Respondent(s) No. 1 MR ROHAN H. RAVAL, APP for the Respondent(s) No. 2 ==========================================================
CONCILIATION ORDER
1. Present Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 is filed against the Judgment and Order dated 20.07.2023 recorded on Criminal Appeal No.30 of 2018 passed by the learned Sessions Court, Junagadh confirming the judgment passed by the Learned Chief Judicial Magistrate, Junagadh in Criminal Case No.2328 of 2014 dated 11.04.2018 whereby, the learned Judge has convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act for simple imprisonment of one year and 6 months and to pay an amount of Rs.7,60,000/- as fine, from which, Rs.7,50,000/- is ordered to be paid to the complainant, failing which, to undergo three months simple imprisonment in default of the said amount.
2. With the consent of the learned advocates for the respective parties, the matter is taken up for conciliation before the Lok Adalat today. Respondent No.1 – original complainant is present before this Court today.
3. Heard the learned advocates for the respective parties. Learned advocates have jointly submitted that the parties have arrived at settlement and has urged this Court to quash and set aside the order of conviction in view of the settlement. Learned advocate for the respondent – original complainant has placed on record the affidavit confirming the factum of settlement.
The same is permitted to be taken on record.
4. In view of the aforesaid settlement arrived at between the parties and even otherwise the offence punishable under Section 138 of the Negotiable Instruments Act being compoundable in view of Section 147 of the Act, the impugned order of conviction and imposing of sentence of one year and 6 months is hereby quashed and set aside.
5. In view of the aforesaid settlement arrived at between the parties and even otherwise the offence punishable under Section 138 of the Negotiable Instruments Act being compoundable in view of Section 147 of the Act, the impugned order of conviction and imposing of sentence of one year and six months as well as consequential proceedings arising therefrom are hereby quashed and set aside.
6. Hence, the present Criminal Revision Application stands allowed. With this, present Criminal Revision Application stands disposed of.
(D. M. VYAS, J) CONCILIATOR (A. S. VAKIL, SENIOR ADVOCATE )
CONCILIATOR MAYA
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.