DAYALBHAI B PATEL - PROP. M/S.DELTA RUBBER & PLASTIC PRODUCTversusAHMEDABAD MERCENTILE CO-OP BANK LTD - ODHAV BRANCH

     R/CR.RA/93/2011                             ORDER DATED: 08/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL REVISION APPLICATION NO. 93 of 2011

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   DAYALBHAI B PATEL - PROP. M/S.DELTA RUBBER & PLASTIC
                         PRODUCT
                           Versus
AHMEDABAD MERCENTILE CO-OP BANK LTD - ODHAV BRANCH & ANR.
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Appearance:
MR UDAY R BHATT(192) for the Applicant(s) No. 1
MR PARTHIV A BHATT(5331) for the Respondent(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 08/04/2026
                            ORAL ORDER


1.    By way of this application, the applicant has sought the
following relief:

      “(b) call for the records and proceedings of Criminal Appeal No.
      196 of 2010 before the Ahmedabad City Sessions Court and
      judgment exhibit 13 dated 7.2.2011 passed by Hon'ble Principal
      Sessions Judge, City Sessions Court, Ahmedabad and of
      Criminal Case No. 1345 of 2008 (which was earlier numbered as
      Criminal Case 518 of 1998) before the Metropolitan Magistrate's
      Court, Ahmedabad and also the Negotiable Instrument Act Court
      No.1 Ahmedabad and judgment exhibit 33 dated 29.4.2010
      passed by Hon'ble Judge Metropolitan Magistrate and Negotiable
      Instruments Act, Court No.1 Ahmedabad and examine the
      correctness, legality, propriety and validity of the judgments of
      the learned courts below including their findings and sentences
      passed against the petitioner and quash and set aside the
      judgments of the learned courts below and quashed the original
      complaint against the petitioner filed by the respondent and
      acquit the petitioner of all charges and also order refund of the
      amount of Rs. 10,000/- deposited before the Learned Appellate
      Court and pass such other and further and other orders deemed
      fit and proper on the facts and in the circumstances of the case.”


2.    Heard learned advocates for the respective parties.


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     R/CR.RA/93/2011                              ORDER DATED: 08/04/2026




3.    Mr. P.A. Bhatt, learned advocate appearing for respondent
No.1-Bank, has submitted that he has addressed a letter to the
complainant-Bank; however, till date, the Bank has neither
replied nor contacted him and, therefore, he is unable to assist
the Court.


4.    The Coordinate Bench of this Court on 17.09.2012 passed
the following order:

      “Shri Uday Bhatt, learned advocate appearing on behalf of the
      applicant has stated at the Bar that apropos his request to
      permit the applicant to compound the offence on deposit of the
      entire cheque amount and on deposit of 15% cheque amount in
      the name of Gujarat State Legal Services Authority (which was
      agreeable to learned advocate appearing on behalf of the
      original complainant). The applicant has already deposited the
      entire cheque amount with the learned Appellate Court as well
      as before this Court and has also brought the 15% of the
      cheque amount so as to enable the applicant to compound the
      offence.

      Shri Parthiv Bhatt, learned advocate appearing on behalf of
      respondent No.1 original complainant has stated at the Bar
      that as such the Board of the Bank is required to take final
      decision on the aforesaid. At this stage, it is required to be
      noted that as such the matter was considered by this Court on
      last date and infact learned advocate appearing on behalf of
      the complainant was agreeable for compounding the offence
      and the matter was adjourned to today so as to enable the
      applicant to bring 15% of the cheque amount so as to enable
      him to request for compounding of the offence. However, for
      whatever reason the complainant has turned around. Shri
      Parthiv Bhatt, learned advocate appearing on behalf of the
      complainant has requested to adjourn the matter to 8th
      October 2012 while submitting that in the meantime Board of
      Bank may take fresh decision on the aforesaid. Hence, as a
      last chance, stand over to 8th October 2012. Adinterim
      order/protection granted earlier is directed to be continued till
      further orders.”



                                Page 2 of 3
      R/CR.RA/93/2011                                                ORDER DATED: 08/04/2026




5.      Since the cheque amount of Rs.25,000/- has already been
deposited, the only issue which remained was with regard to
deposit of the compounding charges at the rate of 15%. For
taking instructions from the complainant, namely, Ahmedabad
Mercantile         Co-operative           Bank        Ltd.,      and       for    passing         an
appropriate decision or resolution, the matter came to be
adjourned from time to time. It is needless to say that in view of
the law laid down by the Hon’ble Apex Court in the case of
Sanjabij Tari vs. Kishore S Boarcar & Anr. reported in 2025
INSC 1158, once the offence is compoundable under Section
147 of the Negotiable Instruments Act and the dispute is
essentially civil in nature, no further dispute survives. Moreover,
the compounding charges are required to be reduced to 7.5%.


6.      In view of the above, the present Revision Application
stands disposed of.                The judgment and order dated 7.2.2011
passed by Hon'ble Principal Sessions Judge, City Sessions
Court, Ahmedabad in Criminal Appeal No. 196 of 2010 and
judgment and order dated 29.4.2010 passed by Hon'ble Judge
Metropolitan Magistrate and Negotiable Instruments Act, Court
No.1 Ahmedabad in Criminal Case No. 1345 of 2008 as well as
all consequential proceedings initiated in pursuance thereof are
hereby quashed and set aside. Rule is made as absolute to the
aforesaid extent.

                                                                 (HASMUKH D. SUTHAR,J)
ALI




 Original copy of this order has been signed by the Hon'ble Judge.
 Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 09/04/2026 11:23:51




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