Mehta Dilipbhai Pravinchandra vs State Of Gujarat on 4 May, 2026

                                                                                                                NEUTRAL CITATION




                          R/CR.RA/745/2022                                      JUDGMENT DATED: 04/05/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
                                  NEGOTIABLE INSTRUMENT ACT) NO. 745 of 2022


                      FOR APPROVAL AND SIGNATURE:


                      HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
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                              Approved for Reporting         Yes       No

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                                        MEHTA DILIPBHAI PRAVINCHANDRA
                                                       Versus
                                            STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR. YOGENDRA THAKORE(3975) for the Applicant(s) No. 1
                      MS SHALINI S MAIR(2681) for the Respondent(s) No. 2
                      MS. GR SONERAO(6922) for the Respondent(s) No. 2
                      MS MONALI BHATT, APP for the Respondent(s) No. 1
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                        CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                                            Date : 04/05/2026

                                                              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 19.04.2017 passed by the learned 5 th Chief Judicial Magistrate, Mehsana, in Criminal Case No.1826 of 2012, 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 also directed to pay compensation of Rs.1,00,000/-, which was confirmed by learned 4th Additional District Judge, Mehsana,in

NEUTRAL CITATION

R/CR.RA/745/2022 JUDGMENT DATED: 04/05/2026

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Criminal Appeal No.74/2017 vide order dated 20.07.2022. Hence, the 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 has deposited the due amount . Copies of payment receipts are produced on record. 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 cheque 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 and complainant has received the same, 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 year.

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

NEUTRAL CITATION

R/CR.RA/745/2022 JUDGMENT DATED: 04/05/2026

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applicant shall maintain peace during above mentioned period of 1 (one) 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.

(HASMUKH D. SUTHAR,J)

SUCHIT