High Court of Gujarat
SHAILESHBHAI BHAILALBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- P M RAVAL
Holding
The revision is allowed; the conviction is quashed and the applicant is acquitted.
Summary
Shaileshbhai Patel was convicted by the Additional Chief Judicial Magistrate, Vaso, under Section 138 of the Negotiable Instruments Act and sentenced to one year simple imprisonment and a fine of Rs.5,00,000. The conviction was upheld by the Sessions Court on appeal. Patel filed a revision under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, asserting that the dispute had been amicably settled and the offence is compoundable. The original complainant filed an affidavit confirming the settlement and expressing no objection to quashing the judgment. The High Court, noting the settlement and the compoundable nature of the offence under Section 147 of the NI Act, allowed the revision, quashed the conviction, acquitted Patel, and ordered him to deposit Rs.5,000 as a compounding charge.
Issues considered
- Whether a conviction under Section 138 NI Act can be set aside on the basis of a settlement between the parties.
- Whether the offence under Section 138 NI Act is compoundable under Section 147 of the NI Act at any stage.
- Whether a revision under Sections 438 and 442 of the BNSS is maintainable to quash the conviction after settlement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023s. 438, s. 442
- Negotiable Instruments Act, 1881s. 138, s. 147
Subjects
criminal revisionSection 138 NI Actcompounding of offencesettlementacquittalHigh Court of GujaratBNSSsimple imprisonment
Judgment
R/CR.RA/2595/2025 ORDER DATED: 29/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 2595 of 2025
==========================================================
SHAILESHBHAI BHAILALBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SHAILESH C SHARMA(3450) for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
ROHAN SHAH APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 29/01/2026
ORAL ORDER
1. Rule. Learned Additional Public Prosecutor waive service
of Rule on behalf of the Respondent State.
2. 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 prayed for
quashing and setting aside the judgment and order dated
14.08.2024 passed by the learned Ld. Additional Chief
Judicial Magistrate, Vaso in Criminal Case No. 186 of 2022,
whereby the trial Court held the applicant guilty for the
offence under Section 138 of the Negotiable Instruments Act,
1881 (for short “NI Act”) and sentenced to undergo Simple
Imprisonment (SI) of one year and also directed to pay Rs.
5,00,000/- to the original complainan. The said order was
assailed before the learned Sessions Judge, Nadiad by way of
Criminal Appeal No. 479/2024, which came to be dismissed
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R/CR.RA/2595/2025 ORDER DATED: 29/01/2026
vide judgment and order dated 17.12.2025 and the order of
conviction has been confirmed and upheld. Aggrieved thereby,
this revision application is filed.
3. 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.
4. Learned advocate for original complainant has reiterated
the contentions raised by the learned advocate for the
applicant. Original complainant – Mahavirsinh Narendrasinh
Mahida appeared before the Court 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 his own volition and therefore,
now the grievance stands redressed. It is, therefore,
submitted that the present application may be allowed.
5. 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
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R/CR.RA/2595/2025 ORDER DATED: 29/01/2026
appropriate orders.
6. Considering the fact that the dispute is settled between
the parties and the said fact has been confirmed by the
complainant, as the offence is compoundable one at any stage
under Section 147 of the NI Act.
7. 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 of the present charge.
7.1 The applicant to deposit Rs. 5,000/- towards
compounding charge before the District State Legal Services
Authority,
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(P. M. RAVAL, J)
MMP
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/01/2026
17:10:57
Page 3 of 3
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