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Gujarat High Court
Kadirbhai Gulabbhai Khokhar vs State Of Gujarat on 20 April, 2026
NEUTRAL CITATION
R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 379 of 2010
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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KADIRBHAI GULABBHAI KHOKHAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1
MR RATHIN P RAVAL(5013) 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 : 20/04/2026
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 24.12.2008 passed by
the learned 5th Senior Civil Judge & JMFC, Rajkot in Criminal
Case No.11403 of 2005, 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
NEUTRAL CITATION
R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026
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shall hereinafter be referred to as "NI Act" for short) and
sentenced to undergo simple imprisonment for six months and
also directed to pay fine of Rs.5,000/- and in default of payment
of fine to undergo further simple imprisonment for two months.
The said order was assailed by way of filing Criminal Appeal
No.03 of 2009, wherein, vide order dated 17.07.2010 passed by
the learned Additional Sessions Judge, Fast Track Court No.6,
Rajkot, 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. He has further submitted that
the applicant has already undergone 10 days custody. The
receipt of payment is taken on record. 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
NEUTRAL CITATION
R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026
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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
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
(6) 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 (6) months.
6) The above mentioned bond under Section 4 of the Probation of
Offenders Act, be submitted before the learned trial Court within
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R/CR.RA/379/2010 JUDGMENT DATED: 20/04/2026
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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
