R/CR.RA/2058/2025 ORDER DATED: 06/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 2058 of 2025 ========================================================== HANSRAJBHAI NATHUBHAI FALDU Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KIRTIDEV R DAVE(3267) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 06/11/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for the respondent – State and respondent No.2 – complainant is personally present before this Court and waives service of notice of rule. 2. When the matter is called out for hearing, respondent No.2 - complainant is present. 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 – R/CR.RA/2058/2025 ORDER DATED: 06/11/2025 original complainant files an affidavit which is ordered to be taken on record. 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 account of compounding of offence with the complainant. 5. In light of the decision rendered by the Honble Apex Court in the case of Sanjabij Tari Vs Kishore R/CR.RA/2058/2025 ORDER DATED: 06/11/2025 S.Borcar & Anr, reported in 2025 INSC 1158, the applicant is required to pay 7.5% of the cheque amount as held by the Honourable Apex Court in paragraph 38(c) by way of cost with the High Court State Legal Services Committee in accordance with the guidelines laid-down in the said decision. In the instant case, the applicant suffered imprisonment after conviction and also he is aged about 65 years, therefore, to meet the ends of justice, the applicant is directed to deposit 7.5 % of the outstanding amount i.e. Rs.3,50,000/- with the Gujarat State Legal Services Authority within a period of three weeks from today. 6. Accordingly, the present application stands allowed subject to payment of 7.5% of the outstanding amount i.e. Rs.3,50,000/- by the applicant with the Gujarat State Legal Services Authority within three week from today and to produce the receipt thereof on record of this file failing which the matter shall stand revive automatically without further reference to the Court. R/CR.RA/2058/2025 ORDER DATED: 06/11/2025 7. Rule is made absolute to the aforesaid extent. Direct service permitted. Since the applicant has surrendered before the Jail authority, the Jail Authority is directed to release the applicant forthwith if not required in any other case. (P. M. RAVAL, J) H.M. PATHAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: HABIBULLAKHAN MOHAMMADKHAN PATHAN(HC00167), GOV, at High Court of Gujarat on 07/11/2025 11:09:50