[Cites 6, Cited by 0]
Gujarat High Court
Gulabsinh Kanaksinh Jadeja vs State Of Gujarat on 16 April, 2026
NEUTRAL CITATION
R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 334 of 2020
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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GULABSINH KANAKSINH JADEJA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VAIBHAV B SHUKLA(5563) for the Applicant(s) No. 1
MR SANDIP M PATEL(5649) 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 : 16/04/2026
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 19.02.2020 passed by the learned
Additional sessions Judge, Jamnagar, in Criminal Appeal No.44 of
2019, whereby, the appeal came to be dismissed and the applicant
was held 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
NEUTRAL CITATION
R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026
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imprisonment for two years and also directed to pay fine of
Rs.3,90,000/- i.e. cheque amount and in default of payment of fine
to undergo further simple imprisonment for three months. Hence,
the present Revision Application is filed by the applicant-accused.
2) Learned Advocate for the applicant has submitted that the applicant
- accused has already paid the cheque amount to the complainant.
The Compromise Deed dated 27.02.2020 is produced on record as
per which parties have resolved the dispute and entire amount of
cheque is already been paid to the complainant. In view of above
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 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 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
NEUTRAL CITATION
R/CR.RA/334/2020 JUDGMENT DATED: 16/04/2026
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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 two (2)
years.
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 two (2) years.
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 revision application is disposed of. Record and
proceedings, if any, be sent back to the concerned Court forthwith.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
