Gujarat High Court
Kadirbhai Gulabbhai Khokhar vs State Of Gujarat on 20 April, 2026
NEUTRAL CITATION
R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 379 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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KADIRBHAI GULABBHAI KHOKHAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR RATHIN P RAVAL(5013) 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 : 20/04/2026
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 24.12.2008 passed by the learned 5th Senior Civil Judge & JMFC, Rajkot in Criminal Case No.11403 of 2005, whereby, the trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of the Negotiable Instruments Act (which Page 1 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 22:02:04 IST 2026 NEUTRAL CITATION R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026 undefined shall hereinafter be referred to as "NI Act" for short) and sentenced to undergo simple imprisonment for six months and also directed to pay fine of Rs.5,000/- and in default of payment of fine to undergo further simple imprisonment for two months. The said order was assailed by way of filing Criminal Appeal No.03 of 2009, wherein, vide order dated 17.07.2010 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Rajkot, the appeal came to be dismissed and the order of conviction has been confirmed and upheld by the concerned Additional District Judge. 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 cheque amount. He has further submitted that the applicant has already undergone 10 days custody. The receipt of payment is taken on record. 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 Page 2 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 22:02:04 IST 2026 NEUTRAL CITATION R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026 undefined 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 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 six (6) months.
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 six (6) months.
6) The above mentioned bond under Section 4 of the Probation of Offenders Act, be submitted before the learned trial Court within Page 3 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 22:02:04 IST 2026 NEUTRAL CITATION R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026 undefined 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 4 of 4 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 22:02:04 IST 2026