[Cites 6, Cited by 0]
Gujarat High Court
Jignesh Baldevbhai Patel Propritor Of ... vs State Of Gujarat on 24 April, 2026
NEUTRAL CITATION
R/CR.RA/379/2017 JUDGMENT DATED: 24/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 379 of 2017
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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JIGNESH BALDEVBHAI PATEL PROPRITOR OF AMRUT VANASPATI
BHANDAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DAIFRAZ HAVEWALLA(3982) for the Applicant(s) No. 1
NOTICE SERVED BY DS 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 : 24/04/2026
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 22.07.2016 passed by the learned
Additional Chief Metropolitan Magistrate, N.I.Act, Court No.28,
Ahmedabad, in Criminal Case No.1268/2014, 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 of one year and imposed
NEUTRAL CITATION
R/CR.RA/379/2017 JUDGMENT DATED: 24/04/2026
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fine of Rs.10,000/- and in default of payment of fine to undergo
further simple imprisonment of thirty days. The said order was
assailed by way of filing Criminal Appeal No.387/2016, wherein, vide
order dated 30.04.2017 passed by the learned Additional Sessions
Judge, Ahmedabad City, the appeal came to be dismissed and the
order of conviction and sentence has been confirmed. Hence, 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 had
deposited Rs.60,000/- before the learned trial Court and then
Rs.2,40,000/- deposited while suspending the order of conviction and
sentence. Today, learned counsel for the applicant has submitted
that the applicant has deposited remaining amount of Rs.3,00,000/-
and has produced on record a copy of the Demand Draft of
Rs.3,00,000/- dated 22.04.2026 drawn on Indian Overseas Bank. 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, 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
NEUTRAL CITATION
R/CR.RA/379/2017 JUDGMENT DATED: 24/04/2026
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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 2 years.
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 2
(two) years.
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. It is reported by learned counsel for the applicant that the
complainant has expired. The amount deposited by the applicant-
accused before the learned court below be disbursed in favour of the
legal heirs of original complainant after due and proper verification.
8. Accordingly, present revision application is disposed of. Record and
proceedings, if any, be sent back to the concerned Court forthwith.
(HASMUKH D. SUTHAR,J)
SUCHIT
