THAKOR DINESHBHAI DHARAMSINHBHAIversusTHE STATE OF GUJARAT

   R/CR.RA/660/2021                                 JUDGMENT DATED: 17/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
         NEGOTIABLE INSTRUMENT ACT) NO. 660 of 2021


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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           Approved for Reporting                  Yes          No

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                      THAKOR DINESHBHAI DHARAMSINHBHAI
                                    Versus
                         THE STATE OF GUJARAT & ANR.
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Appearance:
MITTAL N PATEL(7614) for the Applicant(s) No. 1
MR PM DAVE(263) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                               Date : 17/03/2026

                              ORAL JUDGMENT


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

       “(B) Allow this petition by quashing and setting aside the
       judgment and order dated 09/08/2021 passed by
       Learned 2nd Add. Sessions Judge in Criminal Appeal No.
       31 of 2019 (at Annexure A) and be further pleased to
       quash and set aside the order passed by the Ld. 2nd Add.
       Chief Judicial Magistrate, Mahesana in Criminal Case No.
       9887/2016 dated 29/01/2019 after calling upon the
       record and proceedings from the Ld. Trial Court in the
       interest of justice.”

2. Learned advocate for the applicant has taken this Court
through the factual matrix of the present application. At the

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outset, it is submitted that the parties have amicably resolved
the dispute. It is further submitted that in view of the settlement
arrived at between the parties, the present application deserves
to be considered.


3. 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.


4. Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicant. The
learned advocate for original complainant also relied upon the
affidavit filed by Mr. Himanshu Kadiya authorized person of
HDFC Bank original complainant who is also personally present
in person before the Court. The affidavit sworn by the original
complainant is taken on record. On inquiry made by the Court,
original complainant has declared before this Court that the
dispute between the applicant and the original complainant is
resolved and therefore, now the grievance stands redressed. It is
therefore submitted that the present application may be allowed.


5. In view of the above, it appears that during the pendency of
the present application the matter has been amicably settled
between the parties. In this regard, respondent No.2 has filed an
affidavit on record stating in para 7 as under:

       “7. I say and submits that I have gone through the memo
       of Criminal Revision application and the facts and
       grounds stated in the memo of petition are not disputed
       by me, because Applicant had already settled the matter
       by depositing settled amount and now account of


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      Applicant is closed and therefore, the disputes and
      grievances of both the sides have been amicably settled.
      In view of the aforesaid facts and circumstances, if the
      judgment and order of conviction passed by ld. 2nd Addl.
      Chief Judicial Magistrate, Mehsana in Criminal Case no.
      9887 of 2016 dtd. 29.01.2019 as well as judgment and
      order dtd. 09.08.2021 passed in Criminal Appeal No 31
      of 2019 by Ld. 2nd Additional Sessions Judge, Mehsana,
      whereby confirmed the judgment and order of sentence
      passed by Ld. 2nd Additional Chief Judicial Magistrate,
      Mehsana against the Applicant-Ori. accused may be
      quashed and set aside in accordance with law.”

6. 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 filed an affidavit stating that he has no
objection if the complaint is quashed. Therefore, no fruitful
purpose would be served by continuing the proceedings further.
However, since the accused has settled the dispute at a belated
stage before this Court, in view of the decision of the Hon’ble
Supreme Court in Sanjabij Tari vs. Kishore S Boarcar & Anr.
reported in 2025 INSC 1158, the accused is required to deposit
7.5% of the cheque amount as costs. Accordingly, the applicant
is directed to deposit Rs.15,000/- (7.5% of Rs.2,00,000/-) with
the Gujarat State Legal Services Authority.


7. Resultantly, the present Revision Application stands disposed
of in view of the settlement arrived at between the parties. The
judgment and order dated 09/08/2021 passed by Learned 2 nd
Add. Sessions Judge in Criminal Appeal No. 31 of 2019 and the
judgment and order 29/01/2019 passed by the Ld. 2nd Add.
Chief Judicial Magistrate, Mahesana in Criminal Case No.
9887/2016, are hereby quashed and set aside, along with all


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consequential proceedings arising therefrom qua the present
applicant. If the applicant is in custody, the concerned jail
authority shall release the applicant forthwith, if not required in
connection with any other case. Direct service is permitted.




                                                                  (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 17/03/2026 18:04:04




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