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Gujarat High Court
Janakbhai Hasmukhbhai Prajapati vs State Of Gujarat on 17 April, 2026
NEUTRAL CITATION
R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 486 of 2011
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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JANAKBHAI HASMUKHBHAI PRAJAPATI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS AMITA S SHAH(2691) for the Applicant(s) No. 1
NON BAILABLE WARRANT NOT RECEIVED BACK for the Applicant(s)
No. 1
MR KUNAL S SHAH(5282) 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 : 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 18.08.2010 passed by
the learned Metropolitan Magistrate, NI Act, Court No.2,
Ahmedabad, in Criminal Case No.1351 of 2008, whereby, the
trial Court has been pleased to hold the applicant guilty for the
offence punishable under Section 138 of the Negotiable
NEUTRAL CITATION
R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026
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Instruments Act (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 for three months. The said order was assailed by
way of filing Criminal Appeal No.363 of 2010, wherein, vide
order dated 30.09.2011 passed by the learned Additional
Sessions Judge, Court No.11, Ahmedabad, the appeal came to
be dismissed and the order of conviction has been confirmed and
upheld and the accused was further directed to pay
compensation of Rs.4,80,000/- to the complainant. 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 entire cheque amount. 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
NEUTRAL CITATION
R/CR.RA/486/2011 JUDGMENT DATED: 17/04/2026
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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
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/486/2011 JUDGMENT DATED: 17/04/2026
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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
