R/CR.RA/1267/2026 ORDER DATED: 27/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1267 of 2026 ================================================================ BALVANTJI CHAMANJI THAKOR Versus STATE OF GUJARAT & ANR. ================================================================ Appearance: MR BS KHATANA(3671) for the Applicant(s) No. 1 MR VIRAJ B KHATANA(10416) for the Applicant(s) No. 1 MR PRANAV DHAGAT, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 27/04/2026 ORDER 1. RULE. Learned advocates waive service of Rule on behalf of the respective respondents. 2. Challenge in this Revision Application is given to the judgment and order of conviction and sentence dated 08.05.2025 passed by the learned 6th Additional Civil Judge, Mahesana in Criminal Case No.4502 of 2024, which was con昀椀rmed by the judgment and order dated 22.09.2025 passed by the learned Sessions Judge, Mahesana in Criminal Appeal No.352 of 2025. 3. Learned advocate for the applicant submitted that during the pendency of the proceedings, parties have settled the disputes amicably outside the Court and that there remains no grievance between them. Page 1 of 3 R/CR.RA/1267/2026 ORDER DATED: 27/04/2026 4. Learned advocate for respondent no.2–original complainant Ms. Avani V. Patel has placed on record the a昀케davit of settlement 昀椀led by the respondent no.2–original complainant and stated that the complainant-Kogta Financial (India) Limited has received the amount as agreed between the parties and the complainant does not want to pursue the matter now in view of amicable settlement and has given consent for compounding the o昀昀ence. The same is taken on record. Today, the representative of the respondent no.2 is present before this Court and the representative has a昀케rmed the contents of the a昀케davit and is identi昀椀ed by learned advocate for respondent no.2. It is further submitted that ‘No Due Certi昀椀cate’ has also been issued. Learned advocate Ms. Avani V. Patel seeks permission to 昀椀le Vakalatnama. Let Vakalatnama be accepted. 5. Since the complainant has given consent for compounding the o昀昀ence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the o昀昀ence and may require the consent of the aggrieved for compounding the o昀昀ence, however, the speci昀椀c provision under Section 147, inserted by way of amendment towards special law, would give overriding e昀昀ect 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 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/1267/2026 ORDER DATED: 27/04/2026 6. In aforesaid view of the matter, the judgment and order passed by the learned Trial Court of conviction and sentence for the o昀昀ence punishable under Section 138 of the NI Act, as a昀케rmed by the learned Appellate Court, are quashed and set aside. The applicant stands acquitted. 7. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. Sd/- (GITA GOPI,J) CAROLINE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 27/04/2026 18:22:39