R/CR.RA/1088/2026 ORDER DATED: 17/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1088 of 2026 ========================================================== JANI NIRAV BHUPENDERBHAI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. SIDDHARAJ S GADHAVI(19232) for the Applicant(s) No. 1 MS. RICHA GUPTA(18181) for the Applicant(s) No. 1 MR TIRTHRAJ PANDYA APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 17/04/2026 ORDER 1. Learned advocate Ms. Riya Gupta seeks permission to file vakalatnma on behalf of respondent No.2 - original complainant. Permission is granted. Office to accept vakalatnama of Ms. Gupta. 2. Rule. Learned advocates waive service of notice of rule on behalf of for the respective parties. 3. The applicant-accused had been convicted by the learned 2nd Chief Judicial Magistrate, First Class, Mahesana on 29.03.2025 in Criminal Case No.4643 of 2024 for the offence under Section 138 of the N.I. Act and sentenced him to undergo one year simple imprisonment, which was upheld and confirmed on 24.02.2026 by the learned 2nd Additional Sessions Judge, Mahesana in Criminal Appeal No.379 of 2025. Page 1 of 3 R/CR.RA/1088/2026 ORDER DATED: 17/04/2026 4. Learned advocate for the applicant submitted that the parties have settled the disputes amicably outside the Court and that there remains no grievance between them. 5. The original complainant – Patel Amitkumar Babulal is present before this Court through virtual mode. Learned advocate Ms. Gupta has identified him. The respondent No.2 – original complainant stated that the entire amount, as agreed between the parties has already been paid. Respondent No.2 - original complainant has affirmed the contents of the affidavit and stated that entire amount had been received. The affidavit along with copy of receipt is taken on record. 6. Since the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 of the Code of Criminal Procedure, 1973 as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the entire amount has been paid to the complainant, in consonance with the object of the N.I. Act and the provisions under Section 147 thereof, the matter is considered as compounded. Page 2 of 3 R/CR.RA/1088/2026 ORDER DATED: 17/04/2026 7. In aforesaid view of the matter, the judgment and order of conviction and sentence passed by the learned 2nd Chief Judicial Magistrate, First Class, Mahesana on 29.03.2025 in Criminal Case No.4643 of 2024 for the offence punishable under Section 138 of the NI Act, as affirmed on 24.02.2026 by the learned 2nd Additional Sessions Judge, Mahesana in Criminal Appeal No.379 of 2025, are quashed and set aside. The applicant stands acquitted. The applicant be released forthwith. 8. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service today is permitted. (GITA GOPI,J) Pankaj/20 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PANKAJ KUMAR PRASAD(HC00967), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2026 14:56:25