JAYDEEPBHAI KASTURBHAI SUTHARversusSTATE OF GUJARAT

     R/CR.RA/618/2023                              ORDER DATED: 07/05/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
          NEGOTIABLE INSTRUMENT ACT) NO. 618 of 2023

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                        JAYDEEPBHAI KASTURBHAI SUTHAR
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR. ALKESH N SHAH(3749) for the Applicant(s) No. 1
MS MONALI BHATT, APP for the Respondent(s) No. 1
MR MALAY PATEL for Respondent nos.2.1, 2.2.
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 07/05/2026

                                   ORDER
1.     Heard learned counsel for the applicant, Ms.Monali Bhatt,
learned APP for the respondent-State and Mr.Malay Patel,
learned counsel for respondent No.2.1 and 2.2.

2.     Rule. Learned advocates appearing for the respective
respondents waive service of Rule on behalf of the respective
respondents.


3.     By way of the present revision application filed under
Sections 397 and 401 of the Code of Criminal Procedure, the
applicant has prayed to quash and set aside judgment and
order of conviction and sentence passed by learned JMFC
(Main), Vadodara dated 8.4.2022 in Criminal Case No.47946 of
2013 and also judgment and order dated 7.9.2022 passed in
Criminal Appeal No.100 of 2022 by learned 4 th Additional
Sessions Judge, Vadodara.




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     R/CR.RA/618/2023                       ORDER DATED: 07/05/2026




4.     Learned advocate for the applicant has taken this Court
through the factual matrix of the present application. At the
outset, it is submitted that the parties have amicably resolved
the dispute and heirs of the original complainant have filed an
afÏdavit dated 29.4.2026, which is taken on record. It is further
submitted that in view of settlement arrived at between the
parties, present application deserves consideration.



5.     Learned Additional Public Prosecutor appearing for the
State has opposed the present application and submitted that
considering the seriousness of the offence, the present
application may not be entertained.



6.     Learned counsel for the heirs of the complainant has
submitted that the parties have settled the dispute and they
have filed an afÏdavit and admitted the factum of settlement
and has no objection if the present application is allowed.



7.     In view of the above, it appears that during the pendency
of the present application the matter has been amicably
settled between the parties. Having heard the learned
advocates for the respective parties and considering the
material placed on record, it appears that the dispute between
the parties has now been amicably resolved. The complainant
has admitted the factum of settlement and has no objection if
the prayer is granted. Therefore, no fruitful purpose would be
served by continuing the proceedings further.



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      R/CR.RA/618/2023                                       ORDER DATED: 07/05/2026




8.      Considering the fact that the dispute is settled between
the parties and as offence is compoundable one at any stage
under      Section       147    of   the      Negotiable       Instruments             Act,
application deserves consideration. But, as the applicant –
accused has settled the dispute at belated stage before this
Court, in view of the decision rendered in the case of
Damodar S. Prabhu Vs. Sayed Babalal H, reported in
2010(5) SCC 663, as well as in view of the decision of the
Hon’ble Supreme Court in Sanjabij Tari vs. Kishore S
Boarcar & Anr. reported in 2025 INSC 1158, applicant –
accused is required to be saddled with cost of Rs.10,000/-. The
applicant accused shall deposit Rs.10,000/- as costs before the
State Legal Service Authority within two weeks.



9.      Resultantly, the present Revision Application is allowed.
The impugned judgment and order of conviction and sentence
passed by learned JMFC (Main), Vadodara dated 8.4.2022 in
Criminal Case No.47946 of 2013 and also judgment and order
dated 7.9.2022 passed in Criminal Appeal No.100 of 2022 by
learned 4th Additional Sessions Judge, Vadodara, are hereby
quashed         and      set   aside,      along      with    all    consequential
proceedings arising therefrom qua the present applicant
subject to aforesaid condition. Bail bond of the applicant –
accused stands discharged.



10.     The Registry concerned is directed to release the
amount, if any, lying with it in favour of the respondent No.2.1
and 2.2–heirs of original complainant.


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        R/CR.RA/618/2023                                                              ORDER DATED: 07/05/2026




11.        The Jail Authority concerned is directed to release the
applicant forthwith, if is in jail and not required in connection
with any other offence.



12.        Rule is made absolute to the aforesaid extent only.
Interim application, if any, also stands disposed of. Direct
service is permitted.


                                                                                (HASMUKH D. SUTHAR,J)
R.S. MALEK


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 08/05/2026 10:52:47




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