R/CR.RA/1913/2025 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1913 of 2025 ========================================= VIMAL DILIPBHAI MANDALIYA Versus STATE OF GUJARAT & ANR. ========================================= Appearance: MR VH KANARA(1881) for the Applicant(s) No. 1 NISHITH P ACHARYA(9308) for the Applicant(s) No. 1 MR NIRAJ SHARMA, APP for the Respondent(s) No. 1 ========================================= CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 14/10/2025 ORAL ORDER 1. Rule. Learned APP waives service of notice of rule for the respondent – State. 2. By way of filing the present petition, the petitioner has sought to challenge the judgment and order of conviction and sentence passed by the learned Trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, which has been confirmed by the learned First Appellate Court. 3. Learned advocate Mr. Ujas H. Patel, appearing on behalf of learned advocate Mr. Nishith P. Acharya for the applicant, submits that the matter has been amicably settled between the parties. Learned advocate Mr. Yuvrajsinh H. Chauhan, appearing on behalf of respondent no.2, confirms the said settlement and seeks permission to file his Vakalatnama along with the affidavit of respondent no.2 before the Registry, which is ordered to be accepted and taken on record. Page 1 of 2 R/CR.RA/1913/2025 ORDER DATED: 14/10/2025 4. It is further submitted by the learned advocate for the petitioner that the petitioner has already deposited 7.5% of the cheque amount towards compounding charges before the Gujarat State Legal Services Authority, and the receipt thereof is produced on record. 5. 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. 6. 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. The bail bond, if any, stands cancelled. 7. Rule is made absolute to the aforesaid extent. Direct service permitted. Since the applicant is in the Jail authority, the Jail Authority is directed to release the applicant forthwith if not required in any other case. (R. T. VACHHANI, J) Kaushal Rathod Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: KAUSHAL MAHESHBHAI RATHOD(HCD0078), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 14/10/2025 17:22:04