[Cites 6, Cited by 0]
Gujarat High Court
Jayesh Jayantilal Maniyar vs Aarjil Enterprise on 21 April, 2026
NEUTRAL CITATION
R/CR.RA/351/2011 JUDGMENT DATED: 21/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 351 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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JAYESH JAYANTILAL MANIYAR
Versus
AARJIL ENTERPRISE & ANR.
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Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) 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 : 21/04/2026
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 30.10.2010 passed by
the learned Chief Judicial Magistrate, Surendranagar in Criminal
Case No.209 of 2002, 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
NEUTRAL CITATION
R/CR.RA/351/2011 JUDGMENT DATED: 21/04/2026
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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.10,000/- and in default of payment of fine to
undergo further simple imprisonment for one month. The said
order was assailed by way of filing Criminal Appeal No.53 of
2010, wherein, vide order dated 27.07.2011 passed by the
learned Additional Sessions Judge, Surendranagar, the appeal
came to be partly allowed by reducing the simple imprisonment
to only six months and rest of the order remained the same.
Hence, the present Revision Application is filed by the applicant.
2) Learned Advocate for the applicant has submitted that during
the pendency of the present revision application the applicant
has deposited the cheque amount by way of Demand Draft
dated 18.04.2026, of IDFC First Bank, Gandhinagar Branch. In
view of above once the amount being deposited and 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 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
NEUTRAL CITATION
R/CR.RA/351/2011 JUDGMENT DATED: 21/04/2026
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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 and as the accused has made the payment,
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
15 days of passing of this judgment.
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R/CR.RA/351/2011 JUDGMENT DATED: 21/04/2026
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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.
8) The Registry is directed to release the deposited amount in
favour of the complainant after due and proper verification.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
