[Cites 8, Cited by 0]
Gujarat High Court
Vishnuprasad Purushottam Rajyaguru vs Manager - State Bank Of India on 9 April, 2026
NEUTRAL CITATION
R/CR.RA/477/2016 JUDGMENT DATED: 09/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 477 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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VISHNUPRASAD PURUSHOTTAM RAJYAGURU
Versus
MANAGER - STATE BANK OF INDIA & ANR.
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Appearance:
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MS DHARMISHTA RAVAL(707) for the Respondent(s) No. 1
MS SHRUTI PATHAK, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/04/2026
JUDGMENT
[1.0] By way of the present revision application filed under Sections
397 and 401 of the Code of Criminal Procedure, the applicant -
accused has sought quashing and setting aside of the judgment and
order dated 24.09.2015 passed by the learned 4th Additional Senior
Civil Judge & Chief Judicial Magistrate, Special Negotiable Court,
Junagadh as well as the judgment and order dated 20.06.2016 passed
in Criminal Appeal No.96/2015 by the learned 2 nd Additional Sessions
Judge, Junagadh, whereby the applicant - accused is convicted for the
offence under Section 138 of the Negotiable Instruments Act, 1881
(for short "NI Act") and directed to undergo simple imprisonment for
eight months alongwith compensation of Rs.5,00,000/- within a period
of one month and in default of payment of compensation, to undergo
further simple imprisonment for four months.
NEUTRAL CITATION
R/CR.RA/477/2016 JUDGMENT DATED: 09/04/2026
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[2.0] Having heard the learned Advocates appearing for the
respective parties and perusing the record, it appears that the learned
trial Court convicted the applicant - accused for the offence under
Section 138 of the NI Act and ordered him to undergo simple
imprisonment for eight months alongwith compensation of
Rs.5,00,000/- within a period of one month and in default of payment
of compensation, to undergo further simple imprisonment for four
months. Against the said conviction and sentence, the applicant filed
criminal appeal which also came to be dismissed and hence, there are
concurrent findings of facts of both the Courts below.
[3.0] Today, when the matter is called out, learned advocate for the
applicant has tendered copy of No Dues Certificate dated 20.06.2022
issued by respondent No.1 - State Bank of India which is taken on
record. Perusing the said No Dues Certificate, it appears that the
applicant - accused has repaid the entire loan amount.
[4.0] In view of above, once the amount being deposited by the
accused 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 and in absence of any
perversity and no ground is found to upset the concurrent findings of
both the Courts below and it is not open for Revisional Court to re-
analyse and re-interpret the evidence in revisional jurisdiction. Hence,
considering the power under Section 401(3) of the CrPC, no case is
made out to interfere with the reasons assigned by both the Courts
below.
[5.0] At the same time, this Court has taken into consideration the
NEUTRAL CITATION
R/CR.RA/477/2016 JUDGMENT DATED: 09/04/2026
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object of the NI Act as the accused has already made the
payment/deposited the impugned amount and hence, in view of the
judgment of the Hon'ble Supreme Court in the case of 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.
[6.0] 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.
[7.0] 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.
[8.0] 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.
[9.0] Accordingly, present revision application is disposed of. Record
and proceedings, if any, be sent back to the concerned Court
forthwith.
Sd/-
(HASMUKH D. SUTHAR, J.)
Ajay
