Gujarat High Court
CR.RA/1310/2026 of MANSUKHBHAI KHIMABHAI VATUKIYA Vs STATE OF GUJARAT on 1 May 2026
01/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1310 of 2026 ========================================================== MANSUKHBHAI KHIMABHAI VATUKIYA Versus STATE OF GUJARAT & ANR.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1310 of 2026
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MANSUKHBHAI KHIMABHAI VATUKIYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARISINGH SODHA(17638) for the Applicant(s) No. 1
MR PRANAV DHAGAT APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/05/2026
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ORDER
1. Learned advocate Mr. Mohitsinh A.Jadeja seeks permission to file vakalatnma on behalf of respondent no.2 - original complainant. Permission is granted. Office to accept vakalatnama of Mr. Jadeja.
2. RULE. Learned advocates waive service of Rule on behalf of the respective respondents.
3. By way of this application, the applicant – revisionist challenges the judgment of conviction and sentence dated 15.02.2022 passed by the learned Judicial Magistrate, Wankaner in Criminal Case No.1252 of 2021 under Section 138 of the Negotiable Instruments Act, 1881. The above sentence was challenged by way of an appeal and the same was confirmed on 11.07.2025 by the learned Sessions Judge,
Morbi in Criminal Appeal No.14 of 2022.
4. Learned advocate for the applicant submitted that the parties have settled the disputes amicably outside the Court and that there remains no grievance between them.
5. Original complainant–Mr.Gulammahamad Aahamadbhai Badi is present before this Court along with learned advocate Mr. Jadeja, who has placed on record the affidavit filed by the respondent no.2–original complainant and stated that the amount, as agreed between the parties has already been paid. The same is taken on record. Respondent No.2 - original complainant has affirmed the contents of the affidavit and stated that total amount has been received.
6. Since the complainant has given consent for compounding the offence, keeping in mind the object of Section 147 of the NI Act, which is an enabling provision which provides for compounding the offence and may require the consent of the aggrieved for compounding the offence, however, the specific provision under Section 147, inserted by way of amendment towards special law, would give overriding effect to sub-section (1) of Section 320 of the Code of Criminal Procedure, 1973 as has been observed in the case of Damodar S. Prabhu v. Sayed Baba Lal, AIR 2010 SC 1907. Accordingly, as the dispute has been resolved and the entire amount has been paid to the complainant, in consonance with the object of the N.I. Act and the provisions under Section 147 thereof, the matter is considered as compounded.
7. In aforesaid view of the matter, the judgment and order of conviction and sentence dated 15.02.2022 passed by the learned Judicial Magistrate, Wankaner in Criminal Case No.1252 of 2021 for the offence punishable under Section 138 of the NI Act, as affirmed on 11.07.2025 by the learned Sessions Judge, Morbi in Criminal Appeal No.14 of 2022, are quashed and set aside. The applicant stands acquitted. The applicant be released from the jail forthwith.
8. Accordingly, the present application is allowed in the above terms. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. (GITA GOPI,J) Pankaj
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PANKAJ KUMAR PRASAD(HC00967), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/05/2026 17:40:48