[Cites 5, Cited by 0]
Gujarat High Court
Hareshkumar Vallabhdas Panjvani vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.RA/385/2018 JUDGMENT DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 385 of 2018
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
✔
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HARESHKUMAR VALLABHDAS PANJVANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAGAT V PATEL(7480) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 17/04/2026
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
26.01.2016 passed by the learned Metro Politan Magisterate
Negotialble Instrument Court No.29, Ahmedabad in Criminal
Case No.46 of 2009, 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 90 days and ordered to pay
compensation of Rs.90,000/- to the complainant The said order
NEUTRAL CITATION
R/CR.RA/385/2018 JUDGMENT DATED: 17/04/2026
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was assailed by way of filing Criminal Appeal No.764 of 2016
before the learned City Civil and Sessions Court, Ahmedabad
wherein vide order dated 18.01.2018, the appeal came to be
dismissed and the order of conviction has been confirmed and
upheld by the concerned Sessions Court. 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 of Rs.90,000/- on
24.04.2018 which is laying before this Court in fixed deposit. 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 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
NEUTRAL CITATION
R/CR.RA/385/2018 JUDGMENT DATED: 17/04/2026
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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 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 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 revision application is disposed of.
Record and proceedings, if any, be sent back to the concerned
Court forthwith. Rule is made absolute to the aforesaid extent.
8. The Registry is directed to release the cheque amount in
favour of the complainant-respondent No. 2, along with interest,
if any, after due verification.
(HASMUKH D. SUTHAR,J)
ALI
