RASILABEN SUVASHCHANDRA GANATRAversusSTATE OF GUJARAT
- Disposal
- 40-WITHDRAWN @ FH
- Bench
- S V PINTO
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The revision application was disposed of as withdrawn.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 While the case was pending, the parties amicably settled, and the original criminal case was withdrawn in a National Lok Adalat on 8 May 2016.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 The High Court granted the request, disposing of the revision application as withdrawn.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- Can a criminal revision application be withdrawn after the underlying criminal case has been withdrawn in a National Lok Adalat following an amicable settlement?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
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
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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.
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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
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