Gujarat High Court
Janakbhai Hasmukhbhai Prajapati vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 486 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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JANAKBHAI HASMUKHBHAI PRAJAPATI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS AMITA S SHAH(2691) for the Applicant(s) No. 1
NON BAILABLE WARRANT NOT RECEIVED BACK for the Applicant(s)
No. 1
MR KUNAL S SHAH(5282) 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 : 17/04/2026
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 18.08.2010 passed by the learned Metropolitan Magistrate, NI Act, Court No.2, Ahmedabad, in Criminal Case No.1351 of 2008, whereby, the trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of the Negotiable Page 1 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:17:17 IST 2026 NEUTRAL CITATION R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026 undefined Instruments Act (which shall hereinafter be referred to as "NI Act" for short) and sentenced to undergo simple imprisonment for one year and also directed to pay fine of Rs.5,000/- and in default of payment of fine to undergo further simple imprisonment for three months. The said order was assailed by way of filing Criminal Appeal No.363 of 2010, wherein, vide order dated 30.09.2011 passed by the learned Additional Sessions Judge, Court No.11, Ahmedabad, the appeal came to be dismissed and the order of conviction has been confirmed and upheld and the accused was further directed to pay compensation of Rs.4,80,000/- to the complainant. Hence, the present Revision Application is filed by the applicant-accused.
2) Learned Advocate for the applicant has submitted that during the pendency of the present revision application the applicant has deposited the entire cheque amount. In view of above once 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 Page 2 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:17:17 IST 2026 NEUTRAL CITATION R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026 undefined 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 both 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 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 one (1) year.
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 one (1) year.
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.
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NEUTRAL CITATION R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026 undefined
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 4 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Fri Apr 17 2026 Downloaded on : Sat Apr 18 02:17:17 IST 2026