[Cites 8, Cited by 0]
Gujarat High Court
Raghuvirsinh Ranjitsinh Gohil vs State Of Gujarat on 28 April, 2026
NEUTRAL CITATION
R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1420 of 2023
With
R/CRIMINAL REVISION APPLICATION NO. 1422 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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RAGHUVIRSINH RANJITSINH GOHIL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VISHWAS S DAVE(5861) for the Applicant(s) No. 1
MR DARSHIT M KAMDAR(11467) 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 : 28/04/2026
COMMON JUDGMENT
Since both the revision applications are arising out of the
same transaction and parties are same and common, they have
been heard together and are being decided by this common
judgment.
1) By way of present revision applications 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
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R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026
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order of conviction and sentence dated 17.07.2021 passed by
the learned 5th Additional Chief Judicial Magistrate, Bhavnagar,
in Criminal Case No.2503 of 2017, 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 for six months 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 the applicant by filing
Criminal Appeal No.44 of 2021 and the complainant has also
assailed the said order by filing Criminal Appeal No.48 of 2021,
wherein, vide judgment dated 27.10.2023 passed by the learned
Principal Sessions Judge, Bhavnagar, the appeal of the applicant
came to be rejected and the appeal of the complainant came to
be partly allowed by modifying the judgment of the learned trial
Court to the extent that the accused was directed to pay the
cheque-amount i.e. Rs.4,50,000/- to the complainant by way of
compensation under Section 357(3) of the Code of Criminal
Procedure within 60days form the date of the judgment.
Therefore, the applicant being aggrieved by the said judgment
has filed the present Revision Applications.
2) Learned Advocate for the applicant has submitted that during
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R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026
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the pendency of the proceeding the applicant - accused has
deposited Rs.4,50,000/- before the learned trial Court. 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
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 deposited
Rs.4,50,000/- before the learned trial Court, 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
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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.
7) Accordingly, present Criminal Revision Application No.1422 of
2023, 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 along
with interest accrued thereon, if any, in favour of the
complainant after due and proper verification.
9) Similarly, as the applicant has preferred the Criminal Revision
Application No. 1420 of 2023, against the Criminal Appeal No.48
of 2021, challenging the order to pay compensation, but since
the amount of Rs.4,50,000/- is already been paid by the
applicant before the learned trial Court, nothing is required to be
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R/CR.RA/1420/2023 JUDGMENT DATED: 28/04/2026
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decided further in the application and hence the present revision
application has become infructuous. Accordingly, the present
Criminal Revision Application No.1420 of 2023, is disposed of
as having become infructuous.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
