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R/CR.RA/1804/2025 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1804 of 2025 ========================================================== KACCHAVA JIVRAJBHAI LACCHAJI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. JV PADHIYAR(6966) for the Applicant(s) No. 1 MS. HETAL V SANKHALA(15409) for the Applicant(s) No. 1 MR.DIPEN F CHAUDHARI(6740) for the Respondent(s) No. 2 MR. NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI
Date : 30/09/2025
ORAL ORDER 1 In pursuance of the order dated 26.09.2025 passed by this Court, the learned advocate for the petitioner has placed on record the receipt bearing Sr. No.2963 dated 29.09.2025, depositing 10% of the cheque amount before the Gurarat State Legal Services Authority. The same is ordered to be taken on record.
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 taken on record recording settlement between the parties.
3. After verifying voluntary character of the compromise, by which the complainant has compounded the offence of section
R/CR.RA/1804/2025 ORDER DATED: 30/09/2025 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 account of compounding of offence with the complainant. Since the applicant has surrendered before the Jail authority to undergo the sentence, the Jail Authority is directed to release the applicant forthwith, if not required in any other case.
5. Accordingly, the present revision application is disposed of.
(R. T. VACHHANI, J) NITIN MAKWANA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 30/09/2025 17:14:11