Gujarat High Court
Raghuvirsinh Ranjitsinh Gohil vs State Of Gujarat on 28 April, 2026
NEUTRAL CITATION
R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1420 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 1422 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No ============================================ RAGHUVIRSINH RANJITSINH GOHIL Versus STATE OF GUJARAT & ANR.
============================================ Appearance:
MR VISHWAS S DAVE(5861) for the Applicant(s) No. 1 MR DARSHIT M KAMDAR(11467) for the Respondent(s) No. 2 MR ROHAN H. RAVAL, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 28/04/2026 COMMON JUDGMENT Since both the revision applications are arising out of the same transaction and parties are same and common, they have been heard together and are being decided by this common judgment.
1) By way of present revision applications 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 Page 1 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:21:23 IST 2026 NEUTRAL CITATION R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026 undefined order of conviction and sentence dated 17.07.2021 passed by the learned 5th Additional Chief Judicial Magistrate, Bhavnagar, in Criminal Case No.2503 of 2017, 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 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.10,000/- and in default of payment of fine to undergo further simple imprisonment for one month. The said order was assailed by the applicant by filing Criminal Appeal No.44 of 2021 and the complainant has also assailed the said order by filing Criminal Appeal No.48 of 2021, wherein, vide judgment dated 27.10.2023 passed by the learned Principal Sessions Judge, Bhavnagar, the appeal of the applicant came to be rejected and the appeal of the complainant came to be partly allowed by modifying the judgment of the learned trial Court to the extent that the accused was directed to pay the cheque-amount i.e. Rs.4,50,000/- to the complainant by way of compensation under Section 357(3) of the Code of Criminal Procedure within 60days form the date of the judgment.
Therefore, the applicant being aggrieved by the said judgment has filed the present Revision Applications.
2) Learned Advocate for the applicant has submitted that during Page 2 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:21:23 IST 2026 NEUTRAL CITATION R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026 undefined the pendency of the proceeding the applicant - accused has deposited Rs.4,50,000/- before the learned trial Court. In view of above once the amount being deposited and 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 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 both the Courts.
3) At the same time this Court has taken into consideration the object of the Act and as the accused has deposited Rs.4,50,000/- before the learned trial Court, 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 Page 3 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:21:23 IST 2026 NEUTRAL CITATION R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026 undefined 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 15 days of passing of this judgment.
7) Accordingly, present Criminal Revision Application No.1422 of 2023, is disposed of. Record and proceedings, if any, be sent back to the concerned Court forthwith.
8) The Registry is directed to release the deposited amount along with interest accrued thereon, if any, in favour of the complainant after due and proper verification.
9) Similarly, as the applicant has preferred the Criminal Revision Application No. 1420 of 2023, against the Criminal Appeal No.48 of 2021, challenging the order to pay compensation, but since the amount of Rs.4,50,000/- is already been paid by the applicant before the learned trial Court, nothing is required to be Page 4 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:21:23 IST 2026 NEUTRAL CITATION R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026 undefined decided further in the application and hence the present revision application has become infructuous. Accordingly, the present Criminal Revision Application No.1420 of 2023, is disposed of as having become infructuous.
(HASMUKH D. SUTHAR,J) ANKIT JANSARI Page 5 of 5 Uploaded by ANKIT YOGESHBHAI JANSARI(HCW0109) on Tue Apr 28 2026 Downloaded on : Wed Apr 29 02:21:23 IST 2026