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2025 DAILYLAW 8764 (GUJ)

NAROTTAMBHAI KANJIBHAI DHAMSANIYA v. STATE OF GUJARAT

CR.RA/207/2025 · 2025-10-15

R T Vachhani

body2025

Judgment text

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R/CR.RA/207/2025 ORDER DATED: 15/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 207 of 2025 With R/CRIMINAL REVISION APPLICATION NO. 208 of 2025 ========================================================== NAROTTAMBHAI KANJIBHAI DHAMSANIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. SHIVANG S LALANI(7034) for the Applicant(s) No. 1 MR JAGDISH G PATEL for the Respondent(s) No. 2 DS AFF.NOT FILED (R) for the Respondent(s) No. 2 MR HK PATEL & MR NIRAJ SHARMA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE R. T. VACHHANI Date : 15/10/2025 COMMON 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 pursuant to the order dated 14/10/2025 passed by this Court, the compounding charges has been paid before the Gujarat State Legal Services Authority and places on record the receipts thereof. Registry to accept the affidavit recording the settlement arrived at between the parties as submitted by learned advocates appearing for 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 R/CR.RA/207/2025 ORDER DATED: 15/10/2025 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. It is submitted by learned advocate appearing for the petitioner that at present the petitioner is in judicial custody. Since the dispute between the parties have been settled, the petitioner is ordered to be released from the jail, if not required, in any case. 5. 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 16/10/2025 10:38:54