Gujarat High Court

CR.RA/1324/2019 of NAZIR HUSENKHAN PATHAN, PROPRIETOR OF KABIR ASSOCIATES Vs PANCHMRUT TRANSPORT THRO USHMABEN KIRANBHAI SHAH THRO HER POA KIRANBHAI VINODCHANDRA SHAH on 10 November 2025

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10/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1324 of 2019 ========================================================== NAZIR HUSENKHAN PATHAN, PROPRIETOR OF KABIR ASSOCIATES Versus PANCHMRUT TRANSPORT

R/CR.RA/1324/2019 ORDER DATED: 10/11/2025

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1324 of 2019

==========================================================

NAZIR HUSENKHAN PATHAN, PROPRIETOR OF KABIR ASSOCIATES

Versus

PANCHMRUT TRANSPORT THRO USHMABEN KIRANBHAI SHAH THRO

HER POA KIRANBHAI VINODCHANDRA SHAH & ANR.

==========================================================

Appearance:

MR MOHDSHAFI SHAIKH(6544) for the Applicant(s) No. 1

MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1

ROHAN SHAH APP for the Respondent(s) No. 2

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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 10/11/2025

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ORAL ORDER

1. Rule. Ld. APP waives service of Rule for Respondent State and Ld. Advocate Mr. Pundreek B Odedra, waives service of Rule for Respondent No. 1 – Org. Complainant.

2. Heard Ld. Advocate Mr. Kishan Prajapti and Mr. Pundreek B Odedra on behalf of Ld. Advocate Mr. Mahesh K Poojara for the respective parties.

3. Ld. Advocate Kishan Prajapati would submit that pursuant to the order dated 29.09.2025, the Petitioner has deposited 10% of the Cheque amount towards the compounding charges to the State legal Service Authority and has placed on the record the receipt of the same which is taken on record. .

R/CR.RA/1324/2019 ORDER DATED: 10/11/2025

4. Ld. Advocate Mr. Pundreek B Odedra has placed on record the affidavit filed on behalf of the Respondent No. 1- Original Complainant herein interalia stating that the parties have settled the case outside the Court. The same is taken on record. In view of the same, the judgment and order dated 31.08.2018 passed by the Ld. Additional Chief Judicial Magistrate, Halol in Criminal Case No. 2257 of 2015 as well as order dated 30.04.2019 passed by the 3rd Additional District and Sessions Judge, Panchmahal at Halol in Criminal Appeal No. 17/2018 are quashed and set aside. Petitioner is acquitted of the present charge.

5. The present Application stands disposed of accordingly. Rule made absolute to the aforesaid extent. (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 10/11/2025 14:16:49

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