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High Court of Gujarat

RASILABEN SUVASHCHANDRA GANATRAversusSTATE OF GUJARAT

Disposal
40-WITHDRAWN @ FH

Holding

The revision application was disposed of as withdrawn.

Summary

Rasilaben Suvashchandra Ganatra filed a criminal case under Section 138 of the Negotiable Instruments Act against Minaben Rameshbhai Garnara, who was convicted by the 6th Additional Senior Civil Judge, Rajkot. The conviction was appealed, and the Sessions Court set aside the judgment and remanded the matter for fresh consideration. While the case was pending, the parties amicably settled, and the original criminal case was withdrawn in a National Lok Adalat on 8 May 2016. The applicant then sought permission to withdraw the pending criminal revision application. The High Court granted the request, disposing of the revision application as withdrawn.

Issues considered

  • Can a criminal revision application be withdrawn after the underlying criminal case has been withdrawn in a National Lok Adalat following an amicable settlement?

Legislation cited

Subjects

Section 138 NI Actcriminal revisionwithdrawal of caseNational Lok AdalatsettlementconvictionappealGujarat High Court

Judgment

     R/CR.RA/736/2013                           ORDER DATED: 15/06/2026




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
       NEGOTIABLE INSTRUMENT ACT) NO. 736 of 2013

========================================================
                    RASILABEN SUVASHCHANDRA GANATRA
                                   Versus
                          STATE OF GUJARAT & ANR.
========================================================
Appearance:
BAILABLE WARRANT SERVED for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS. TITHI Y. THAKKAR(18920) for the Applicant(s) No. 1
MR JAGDHISH SATAPARA(5524) for the Respondent(s) No. 2
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
========================================================

 CORAM:HONOURABLE MS. JUSTICE S.V. PINTO

                            Date : 15/06/2026

                             ORAL ORDER



1.             Learned advocate Ms. Tithi Thakker submis that she

has instruction to appear for the applicant. Accordingly, learned

advocate Ms. Tithi Thakkar is permitted to file her appearance

for the applicant.


2.             Learned advocate for the applicant submits that

applicant Rasilaben Suvashchandra Ganatra had filed Criminal

Case No. 10832 of 2006 against the respondent no.2 Minaben

Rameshbhai Garnara before the Court of learned Chief Judicial



                                Page 1 of 3
     R/CR.RA/736/2013                         ORDER DATED: 15/06/2026




Magistrate, Rajkot under Section 138 of the Negotiable

Instruments Act. Learned 6th Additional Senior Civil Judge,

Rajkot, by judgment and order dated 21.01.2011, convicted the

respondent no.2 Minaben Rameshbhai Garnara and sentenced

to simple imprisonment of 12 months and fine of Rs.5,000/- and

in default, simple imprisonment of 02 months for the offence

under Section 138 of the N.I.Act.


3.             Being aggrieved and dissatisfied with the judgment

and order passed in Criminal Case No.10832 of 2006,                     the

respondent no.2 Minaben Rameshbhai Garnara filed Criminal

Appeal No.11 of 2011 before the Sessions Court, Rajkot and

learned 9th Additional Sessions Judge, Rajkot allowed the

criminal appeal and by judgment and order dated 15.02.2013,

quashed and set aside the judgment and order of conviction

passed by learned 6th Additional Senior Civil Judge, Rajkot and

remanded the matter for fresh consideration.


4.             Accordingly, Criminal Case No.10832 of 2006 was

pending before the Court of learned 14 th Additional Senior Civil

Judge, Rajkot.



                               Page 2 of 3
       R/CR.RA/736/2013                                                        ORDER DATED: 15/06/2026




5.                  Learned advocate for the applicant further submits

that during pendency of the criminal case, the parties have

amicably settled the matter and the respondent no. 2 – original

complainant filed a pursis at Exh. 139 to withdraw Criminal Case

No.10832 of 2006 before the National Lok Adalat. Accordingly,

on 08.05.2016, Criminal Case No.10832 of 2006 came to be

withdrawn in the National Lok Adalat.


6.                   In view of the above development, learned advocate

for the applicant seeks permission to withdraw the present

application.


7.                  Permission, as prayed for, is granted. The present

application stands disposed of as withdrawn. Rule discharged.




                                                                                           (S. V. PINTO,J)
F.S.KAZI



Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: KAZI FARUKHUSEN(HC01075), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 15/06/2026 15:26:36




                                                   Page 3 of 3


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