USHABEN JAYKUMAR BHAIYAversusSAHYOG CREDIT COOPERATIVE SOCIETY THROUGH ITS LOAN OFFICER

     R/CR.RA/152/2017                            JUDGMENT DATED: 20/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
      NEGOTIABLE INSTRUMENT ACT) NO. 152 of 2017


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

============================================
      Approved for Reporting Yes    No

============================================
                  USHABEN JAYKUMAR BHAIYA
                              Versus
    SAHYOG CREDIT COOPERATIVE SOCIETY THROUGH ITS LOAN
                        OFFICER & ANR.
============================================
Appearance:
MR DIPAN DESAI(2481) for the Applicant(s) No. 1
MR. SAHIL M SHAH(6318) for the Respondent(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 2
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 20/03/2026

                            ORAL 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 30.10.2025 passed by

         the learned JMFC, Dahod in Criminal Case No.1625 of 2014,

         whereby, the trial Court has been pleased to hold the applicant

         guilty for the offence punishable under Section 138 of the




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     R/CR.RA/152/2017                              JUDGMENT DATED: 20/03/2026




         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.5,000/- and in default of payment of fine to undergo further

         simple imprisonment for 30 days. The said order was assailed by

         way of filing Criminal Appeal No.15 of 2015, wherein, vide order

         dated 09.02.2017 passed by the learned 3rd Additional Sessions

         Judge, Dahod, the appeal came to be dismissed and the order of

         has been confirmed and upheld by the concerned Additional

         District Judge. 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 cheque amount. 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.



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     R/CR.RA/152/2017                                 JUDGMENT DATED: 20/03/2026




         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 which is evident from the further affidavit of

         the     respondent   no.1   dated     02.12.2024   and     no-objection

         certificate issued by the respondent no.1 in favour of the

         applicant, 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 1

         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 applicant shall maintain peace during above mentioned

         period of 1 (one) year.




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      R/CR.RA/152/2017                                                              JUDGMENT DATED: 20/03/2026




 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)
 ANKIT JANSARI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 23/03/2026 18:28:23




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