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NEUTRAL CITATION

R/CR.RA/124/2024 ORDER DATED: 22/04/2026

0.6916348781573789

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -

NEGOTIABLE INSTRUMENT ACT) NO. 124 of 2024

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FAIYAZBHAI GULAMBHAI PATEL (PADARWALA)

Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR BM MANGUKIYA(437) for the Applicant(s) No. 1

MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1

ADILHUSHAIN M SAIYED(9723) for the Respondent(s) No. 2

MR NIRAJ SHARMA APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 22/04/2026

ORDER

1. RULE. Learned advocates waive service of Rule on behalf of

the respective respondents.

2. Challenge in this Revision Application is given to the judgment

and order of conviction and sentence dated 16.11.2022

passed by the learned Chief Judicial Magistrate, Bharuch in

Criminal Case no.197 of 2019, which was confirmed by the

judgment and order dated 28.11.2023 passed by the learned

Sessions Judge, Bharuch in Criminal Appeal no.639 of 2022.

3. The complainant is present before this Court and is identified

by learned Advocate Mr. Pravin V. Bhachkan. He has stated

that they have settled the dispute and accordingly, has made

a prayer for compounding the offence.

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NEUTRAL CITATION

R/CR.RA/124/2024 ORDER DATED: 22/04/2026

0.6916348781573789

3.1 It is stated by complainant that demand draft of

Rs.1,15,600/- is handed over to him and the complainant

further states that amount of Rs.1,34,400/- is lying before the

appellate Court. The complainant has made a prayer that as

per the settlement, the said amount is to be paid to him.

4. Learned advocate Mr. Pravin V. Bhachkan for respondent no.2

– original complainant has placed on record the affidavit of

settlement filed by the respondent no.2–original complainant

and stated that the complainant has received the amount as

agreed between the parties and the complainant does not

want to pursue the matter now in view of amicable settlement

and has given consent for compounding the offence. The

same is taken on record. Today, respondent no.2 is present

before this Court and the respondent no.2 has affirmed the

contents of the affidavit and is identified by learned advocate

Mr. Pravin V. Bhachkan for respondent no.2. Learned

advocate Mr. Pravin V. Bhachkan seeks permission to file

Vakalatnama. Let Vakalatnama be accepted.

5. Since the complainant has given consent for compounding the

offence, keeping in mind the object of Section 147 of the NI

Act, which is an enabling provision which provides for

compounding the offence and may require the consent of the

aggrieved for compounding the offence, however, the specific

provision under Section 147, inserted by way of amendment

towards special law, would give overriding effect to sub-

section (1) of Section 320 of the Code of Criminal Procedure,

1973 as has been observed in the case of Damodar S. Prabhu

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NEUTRAL CITATION

R/CR.RA/124/2024 ORDER DATED: 22/04/2026

0.6916348781573789

v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the

dispute has been resolved and the amount has been paid to

the complainant, in consonance with the object of the N.I. Act

and the provisions under Section 147 thereof, the matter is

considered as compounded.

6. In aforesaid view of the matter, the judgment and order

passed by the learned Trial Court of conviction and sentence

for the offence punishable under Section 138 of the NI Act, as

affirmed by the learned Appellate Court, are quashed and set

aside. The applicant stands acquitted.

6.1 The amount which is lying in the appellate Court of

Rs.1,34,400/- be paid to the complainant – Ibrahimbhai

Adambhai Abhram o