GOPALBHAI NANUBHAI PATELversusSTATE OF GUJARAT

     R/CR.RA/293/2011                              JUDGMENT DATED: 08/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 293 of 2011


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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

============================================
                 GOPALBHAI NANUBHAI PATEL
                             Versus
                  STATE OF GUJARAT & ANR.
============================================
Appearance:
MR DIPEN K DAVE(3296) for the Applicant(s) No. 1
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1
MR VC VAGHELA(1720) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
============================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 08/04/2026

                                JUDGMENT


1)       Today, when the matter is called out, the learned Advocate for

         the applicant remained absent. Even on the earlier dates fixed in

         the matter, none had remained present on behalf of the

         applicant. Therefore, it clearly appears that the applicant is not

         interested in prosecuting the present matter. Hence, in view of

         the judgment of the Hon’ble Supreme Court in the case of Taj

         Mohammad Vs. State of Uttar Pradesh, in Criminal Appeal

         No.2421 of 2023, decided on 11.08.2023, this Court has



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     R/CR.RA/293/2011                                      JUDGMENT DATED: 08/04/2026




         considered      the     averments    made    in    the   present      revision

         application as well as the material placed on record and has

         proceeded to decide the matter in absence of the applicant

         based on available material on record.


2)       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 19.02.2010 passed by

         the learned 2nd Additional Civil Judge and Judicial Magistrate First

         Class, Surendranagar in Criminal Case No.1215 of 2005,

         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 two years and also directed to pay fine of

         Rs.10,000/- and in default of payment of fine to undergo further

         simple imprisonment for five months. The said order was

         assailed by way of filing Criminal Appeal No.16 of 2010, wherein,

         vide order dated 17.05.2011 passed by the learned Additional

         Sessions       Judge,    Surendranagar,     the    appeal     came     to      be

         dismissed and the order of conviction has been confirmed and

         upheld by the concerned Additional District Judge. Hence, the

         present Revision Application is filed by the applicant-accused.




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     R/CR.RA/293/2011                                           JUDGMENT DATED: 08/04/2026




3)       Perusing the record it appears that vide order dated 13.03.2012,

         while suspending the sentence under Section 389 of the Code of

         Criminal Procedure the applicant had deposited Rs.3,25,000/-

         i.e. the cheque amount and subsequently the said amount is

         withdrawn which transpires from the subsequent orders passed

         by the coordinate Bench. 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.

4)       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 Offenders Act, 1958, to the




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     R/CR.RA/293/2011                                                             JUDGMENT DATED: 08/04/2026




          applicant-accused.

5)        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 two

          (2) years.


6)        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 two (2) years.


7)        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.

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)
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 08/04/2026 18:19:31




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