R/CR.RA/1667/2025 ORDER DATED: 25/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1667 of 2025 ========================================================== ASHISHBHAI KIRANBHAI PANCHAL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR.HARDIK B SHAH(3751) for the Applicant(s) No. 1 MS RAKSHA S KHATED(12987) for the Respondent(s) No. 2 MR NIRAJ SHARMA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 25/09/2025 ORAL ORDER 1. Rule. Respondents waives service. 2. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No.2 – original complainant has filed an affidavit which is produced at Page No.51 to 53 of the petition recording settlement between the parties. 3. After verifying voluntary character of the compromise, by which the complainant has compounded the offence of section 138 of NI Act, which is permissible in view of section 147 of NI Act and as the parties have amicably settled their dispute, impugned order of conviction and sentence passed by the learned Trial Court and confirmed by the learned first appellate Court is required to be quashed and set aside in order to secure ends of justice and accordingly, they are quashed and set aside. 4. In view of this, the applicant shall not be under obligation to serve the remaining sentence and the applicant shall be treated as acquitted on R/CR.RA/1667/2025 ORDER DATED: 25/09/2025 account of compounding of offence with the complainant. 5. From the record, appears that applicant has deposited Rs.50,000/- towards the compounding charges of the cheque amount twice. Once before the Gujarat State Legal Services Authority vide Receipt at Sr. No.2949 dated 19/09/2025 and secondly before the Registry of this Court vider Receipt No.660 dated 22/09/2025 which is place on record. Thus, the Registry is directed to refund the amount of Rs.50,000/- to the applicant on due and proper verification by way of an Account Payee Cheque. 6. Rule is made absolute to the aforesaid extent. (R. T. VACHHANI, J) sompura Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MANISHKUMAR JYOTINDRA SOMPURA(HC00189), Principal Pvt. Secretary, at High Court of Gujarat on 25/09/2025 17:20:10