Gujarat High Court
Gulabsinh Kanaksinh Jadeja vs State Of Gujarat on 16 April, 2026
NEUTRAL CITATION
R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 334 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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GULABSINH KANAKSINH JADEJA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VAIBHAV B SHUKLA(5563) for the Applicant(s) No. 1
MR SANDIP M PATEL(5649) for the Respondent(s) No. 2
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/04/2026
JUDGMENT
1) By way of present revision application under Sections 397 read with 401 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the judgment and order of conviction and sentence dated 19.02.2020 passed by the learned Additional sessions Judge, Jamnagar, in Criminal Appeal No.44 of 2019, whereby, the appeal came to be dismissed and the applicant was held guilty for the offence punishable under Section 138 of the Negotiable Instruments Act (which shall hereinafter be referred to as "NI Act" for short) and sentenced to undergo simple Page 1 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:39:25 IST 2026 NEUTRAL CITATION R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026 undefined imprisonment for two years and also directed to pay fine of Rs.3,90,000/- i.e. cheque amount and in default of payment of fine to undergo further simple imprisonment for three months. Hence, the present Revision Application is filed by the applicant-accused.
2) Learned Advocate for the applicant has submitted that the applicant
- accused has already paid the cheque amount to the complainant. The Compromise Deed dated 27.02.2020 is produced on record as per which parties have resolved the dispute and entire amount of cheque is already been paid to the complainant. In view of above the amount being deposited and as the offence under Section 138 of the NI Act is quasi-criminal in character and is compoundable and punishment under the NI Act is not a means of seeking retribution but is more a means to ensure payment of money and to promote credibility of cheques as a trustworthy substitute for cash payment. In absence of any perversity and no ground is found to upset the concurrent findings of the learned trial Court and Appellate Court and it is not open for Revisional Court to re-analyse and re-interpret the evidence in revisional jurisdiction. No case is made out to interfere with the reasons assigned by the Courts.
3) At the same time this Court has taken into consideration the object of the Act as accused made payment and complainant has received the same, hence, in view of judgment of the Hon'ble Supreme Court Sanjabij Tari Vs Kishore S. Borcar, Neutral Citation 2025 INSC 1158, maintaining the conviction this Court is inclined to Page 2 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:39:25 IST 2026 NEUTRAL CITATION R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026 undefined extend the benefit under the Probation of Offenders Act, 1958, to the applicant-accused.
4) Accordingly, the applicant - accused is directed to be released on probation of good conduct under Section 4 of the Probation of Offenders Act, upon execution of probation bond in sum of Rs.20,000/-, with one surety of like amount for a period of two (2) years.
5) It is hereby further directed that the applicant - accused shall receive the sentence as and when called upon till the said period and the applicant shall maintain peace during above mentioned period of two (2) years.
6) The above mentioned bond under Section 4 of the Probation of Offenders Act, be submitted before the learned trial Court within 15 days of passing of this judgment.
7) Accordingly, present revision application is disposed of. Record and proceedings, if any, be sent back to the concerned Court forthwith.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 3 of 3 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Thu Apr 16 2026 Downloaded on : Thu Apr 16 21:39:25 IST 2026