[Cites 7, Cited by 0]
Gujarat High Court
Manish Vinodbhai Tiwari vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.RA/511/2019 JUDGMENT DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 511 of 2019
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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Approved for Reporting Yes No
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MANISH VINODBHAI TIWARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR K I KAZI(5030) for the Applicant(s) No. 1
KRISHNAN M GHAVARIYA(8133) 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 : 29/04/2026
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 14.06.2016 passed by
the learned Additional Chief Metropolitan Magistrate, NI Act
Court No.27, Ahmedabad in Criminal Case No.794 of 2016 (Old
Criminal Case No.1716 of 2011), whereby, the trial Court has
been pleased to hold the applicant guilty for the offence
NEUTRAL CITATION
R/CR.RA/511/2019 JUDGMENT DATED: 29/04/2026
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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 one year and also
directed to pay fine of Rs.2,500/- 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.310 of 2016, wherein, vide order dated 25.04.2019 passed
by the learned Additional Sessions Judge, City Civil & Sessions
Court, Court No.11, Ahmedabad, the appeal came to be
dismissed by confirming the order of the learned trial Court. The
original complainant - respondent no.2 herein has lodged a
complaint under Section 138 of the NI Act wherein the impugned
cheque was issued on 08.07.2011 having amount of Rs.70,000/-
and after appreciating the evidence the applicant failed to rebut
the presumption under Section 139 of the NI Act and both the
Courts below have appreciated the evidence and convicted the
applicant. Being aggrieved by the above judgments the applicant
- accused has filed the present Revision Application.
2) During the pendency of the present revision application pursuant
to the order dated 19.03.2024, the amount under the cheque
i.e. Rs.70,000/- has been deposited by the applicant before the
learned trial Court. In this regard a copy of the receipt is
produced on record. In view of above once the amount being
NEUTRAL CITATION
R/CR.RA/511/2019 JUDGMENT DATED: 29/04/2026
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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 cheque as a trustworthy substitute for cash
payment. However, 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 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 one
(1) year.
NEUTRAL CITATION
R/CR.RA/511/2019 JUDGMENT DATED: 29/04/2026
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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 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.
7) Accordingly, present revision application is disposed of. Record
and proceedings, if any, be sent back to the concerned Court
forthwith.
8) The learned trial Court is directed to release the deposited
amount in favour of the complainant after due and proper
verification.
(HASMUKH D. SUTHAR,J)
ANKIT JANSARI
