[Cites 6, Cited by 0]
Gujarat High Court
Kutubuddin Inyatali Garbadavala vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.RA/467/2014 JUDGMENT DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 467 of 2014
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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KUTUBUDDIN INYATALI GARBADAVALA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARNISH V DARJI(3705) for the Applicant(s) No. 1,2,3
MR HRIDAY BUCH(2372) for the Respondent(s) No. 2
MR ROHAN RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 22/04/2026
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 16.01.2014 passed by
the learned 2nd Additional Chief Judicial Magistrate, Dahod in
Criminal Case No.2032 of 2012, whereby, the trial Court has
been pleased to hold the applicants guilty for the offence
punishable under Section 138 of the Negotiable Instruments Act
NEUTRAL CITATION
R/CR.RA/467/2014 JUDGMENT DATED: 22/04/2026
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(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 compensation of Rs.5,50,000/- to the
complainant and in default of payment of compensation to
undergo further simple imprisonment for three months. The said
order was assailed by way of filing Criminal Appeal No.03 of
2014, wherein, vide order dated 12.08.2014 passed by the
learned Principal Sessions Judge, Dahod, the appeal came to be
dismissed upholding the judgment of the learned trial Court.
Hence, the present Revision Application is filed by the applicants
- accused persons.
2) Perusing the record it reveals that during the pendency of the
Criminal Appeal the applicants - accused have already deposited
Rs.5,50,000/- before the Court and the same was ordered to be
paid to the complainant by way of an account payee cheque. 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
NEUTRAL CITATION
R/CR.RA/467/2014 JUDGMENT DATED: 22/04/2026
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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 and as the accused had deposited the cheque
amount, 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 applicants - accused are 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/- each, with one surety of like amount for a period
of one (1) year.
5) It is hereby further directed that the applicants - accused shall
receive the sentence as and when called upon till the said period
and the applicants 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/467/2014 JUDGMENT DATED: 22/04/2026
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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
