R/CR.RA/1582/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1582 of 2025 ========================================= KUMARKANT RAMESHCHANDRA RAVAL Versus STATE OF GUJARAT & ANR. ========================================= Appearance: ANAND S TAILOR(9021) for the Applicant(s) No. 1 MR. H K PATEL, APP for the Respondent(s) No. 1 ========================================= CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 13/10/2025 ORAL ORDER 1. 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. 2. Learned Advocate Mr. Manish J. Patel appears and submits that he has instructions to appear on behalf of the original complainant. 3. Learned advocates for the respective parties have jointly submitted that the parties to the proceedings have arrived at an amicable settlement. In support of the said submission, an affidavit of the original complainant recording such settlement has been filed, which is ordered to be taken on record. It is further submitted by the learned advocate for the petitioner that the petitioner has already deposited 7.5% of the cheque amount towards R/CR.RA/1582/2025 ORDER DATED: 13/10/2025 compounding charges before the Gujarat State Legal Services Authority, and the receipt thereof is produced on record. 4. Considering the facts of the case and fair submissions advanced by the learned advocate for the respondent, it appears that since the petitioner has renounced the world who is present before the Court and the matter between the parties has been amicably settled, it is submitted that some leniency may be shown as by accepting the settlement entered into between the parties upon payment of 7.5% of the cheque amount towards the compounding charges and by dispensing with the direction to the petitioner to surrender before the concerned authority. 5. 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. 7. It is made clear that the amount to the extent of 20% of the cheque amount, which comes to Rs. 93,000/-, deposited before the concerned Registry in Criminal Appeal No. 538 of 2023, shall be R/CR.RA/1582/2025 ORDER DATED: 13/10/2025 released in favour of respondent No. 2 the original complainant, after due and proper verification. 8. Rule is made absolute to the aforesaid extent. (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 13/10/2025 16:59:44