[Cites 6, Cited by 0]
Gujarat High Court
Kanubhai Ramanbhai Patanvadiya vs Maherajbibi Mahebubbhai Pathan on 13 April, 2026
NEUTRAL CITATION
R/CR.RA/713/2021 JUDGMENT DATED: 13/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION)
NO. 713 of 2021
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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KANUBHAI RAMANBHAI PATANVADIYA
Versus
MAHERAJBIBI MAHEBUBBHAI PATHAN & ANR.
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Appearance:
MR KALPESH M PANDIT(2713) for the Applicant(s) No. 1
MR AFTABHUSEN ANSARI(5320) for the Respondent(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 13/04/2026
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 08.06.2017 passed by
the learned Additional Judicial Magistrate First Class, Umreth in
Criminal Case No.1225 of 2015, whereby, the trial Court has
been pleased to hold the applicant guilty for the offence
punishable under Section 138 of the Negotiable Instruments Act
NEUTRAL CITATION
R/CR.RA/713/2021 JUDGMENT DATED: 13/04/2026
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(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 of one month and
also directed to pay compensation of Rs.1,50,000/- within a
period of two months to the complainant. The said order was
assailed by way of filing Criminal Appeal No.66 of 2017, wherein,
vide order dated 20.07.2021 passed by the learned 5th Additional
Sessions Judge, Anand, 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. In view of above once the
amount being deposited 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-
NEUTRAL CITATION
R/CR.RA/713/2021 JUDGMENT DATED: 13/04/2026
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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.
NEUTRAL CITATION
R/CR.RA/713/2021 JUDGMENT DATED: 13/04/2026
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7) If the complainant seeks to withdraw the said amount then the
Registry is directed to transfer the amount lying with it, to the
bank account of the respondent no.1 - original complainant after
proper verification.
8) 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
