IMRAN ISMAIL KUMBHARversusSTATE OF GUJARAT

      R/CR.RA/2589/2025                          ORDER DATED: 17/02/2026




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL REVISION APPLICATION (AGAINST
     CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO.
                      2589 of 2025

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              IMRAN ISMAIL KUMBHAR
                        Versus
             STATE OF GUJARAT & ANR.
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Appearance:
MR HARSHIT S BHATT(12874) for the Applicant(s) No. 1
NOTICE SERVED BY DS for the Respondent(s) No. 2
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                           Date : 17/02/2026

                            ORAL ORDER

1.      Learned advocate Mr. Minhaj Shaikh states that he has
instructions to appear on behalf of the respondent No. 2 herein –
original complainant and shall file his Vakalatnama before the
Registry. Registry to accept his Vakalatnama.


2.      Considering the issue involved in the present application, with
the consent of the learned advocates appearing for the respective
parties as well as considering the fact that the dispute amongst the
applicant and original complainant has been resolved amicably, this

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     R/CR.RA/2589/2025                            ORDER DATED: 17/02/2026




application is taken up for final disposal today as alleged offence is
compoundable.


3.      By this revision application under Section 438 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) read
with section 442 of BNSS, the applicant has assailed the concurrent
findings of the learned Courts below i.e. judgment and order dated
19.12.2025 passed in Criminal Appeal No. 35 of 2025 by the learned
Sessions Judge, Kutch-Bhuj confirming the judgment and order
dated 31.01.2025 passed in Criminal Case No. 1119 of 2018 by the
learned 2nd Additional Chief Judicial Magistrate, Bhuj-Kutch,
whereby, the applicant is convicted for the offence under Section
138 of the Negotiable Instruments Act, 1881 (for short “NI Act”)
and sentenced to imprisonment with a direction to pay compensation
to the original complainant.


4.      Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present application.
However, it is submitted that the parties have amicably resolved the
issue. It is further submitted that in view of the fact that the dispute
is resolved, present application deserves consideration.


5.      Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant.
Original complainant – Rajesh Shamji Maheshwari appeared before



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     R/CR.RA/2589/2025                            ORDER DATED: 17/02/2026




the Court online and is identified by the learned advocate for the
original complainant.     The complainant affirms the factum of
settlement. He has also filed an affidavit, which is taken on record,
stating therein that he has no objection if the judgment and orders
impugned in this revision application are quashed and set aside. He
also states that he has filed the affidavit without any coercion, threat
or undue influence. On inquiry made by the Court, the original
complainant has declared before this Court that the dispute between
the applicant and the original complainant is resolved as per the
averments made in the affidavit of the original complainant and
therefore, now the grievance stands redressed.          It is, therefore,
submitted that the present application may be allowed.


6.      Learned Additional Public Prosecutor appearing for the State
has submitted that in the facts and circumstances of the case and in
view of the extant law, Court may pass appropriate orders.


7.      Considering the fact that the dispute is settled between the
parties and said fact has been confirmed by the complainant, as the
offence is compoundable one at any stage under Section 147 of the
NI Act.


8.     Resultantly, this revision application is allowed. The judgment
and orders impugned in this revision application, referred to herein
above, are hereby quashed and set aside. The applicant is acquitted



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        R/CR.RA/2589/2025                                                             ORDER DATED: 17/02/2026




 of the present charge.                        Bail bond, if any, shall stand cancelled.
 Surety shall be discharged.


 8.1        The 20% amount deposited by the applicant before the
 concerned Court be returned to the applicant herein – accused after
 due verification to which, the original complainant has no objection
 and shall not take any objection too.


 9.          Rule is made absolute to the aforesaid extent. Direct service
 is permitted.


                                                                                          [ P. M. Raval, J. ]
 hiren/3tss17226




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 17/02/2026 16:52:44




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