BHATIYA HARGOVANBHAI JIVABHAIversusSTATE OF GUJARAT

   R/CR.RA/293/2018                                JUDGMENT DATED: 27/04/2026




IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
         R/CRIMINAL REVISION APPLICATION NO. 293 of 2018


FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================
        Approved for Reporting          Yes    No
                                                √
==========================================================
               BHATIYA HARGOVANBHAI JIVABHAI
                              Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
BAILABLE WARRANT SERVED for the Applicant(s) No. 1
MR J G VAGHELA(3971) for the Applicant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================
  CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                            Date : 27/04/2026
                              JUDGMENT

[1.0] By way of the present revision application filed under Sections 397
and 401 of the Code of Criminal Procedure, the applicant – accused has
sought quashing and setting aside of the judgment and order dated
30.06.2016 passed by the learned Judicial Magistrate First Class, Deodar
in Criminal Case No.1085/2006 as well as the judgment and order dated
20.02.2018 passed by the learned Additional Sessions Judge, Deodar in
Criminal Appeal No.8/2016, whereby the applicant – accused is convicted
for the offence under Section 138 of the Negotiable Instruments Act,
1881 (for short “NI Act”) and directed to undergo simple imprisonment
for one year with fine of double the amount of cheque i.e. Rs.6 lakh and
in default of payment of fine, to undergo further simple imprisonment of
three months.




                                  Page 1 of 3
   R/CR.RA/293/2018                               JUDGMENT DATED: 27/04/2026




[2.0] Today, when the matter is called out, learned advocate for the
applicant has submitted that applicant has already deposited Rs.3 lakh on
09.04.2018 with the Registry of this Court in compliance of the order
dated 03.04.2018 passed by the coordinate Bench in Criminal Misc.
Application No.1 of 2018 in CR.RA No.293 of 2018 and today the
applicant – accused is present in the Court with Demand Draft No.344
dated 24.04.2026 drawn in favor of The Registrar of this Court. Thus, it is
clear that the total amount of Rs.6 lakh and now, nothing is required to
be decided in the present application.

[3.0] Having heard the learned Advocates appearing for the respective
parties and perusing the record, it appears that the learned trial Court
convicted the applicant – accused for the offence under Section 138 of
the NI Act and ordered him to undergo simple imprisonment for one year
and also directed to pay fine and in default of payment of fine, to
undergo further simple imprisonment for 3 months. Against the said
conviction and sentence, the applicant filed criminal appeal which also
came to be dismissed and hence, there are concurrent findings of facts of
both the Courts below.

[4.0] In view of above, once the amount being deposited by the accused
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 and in absence of any perversity and no ground is
found to upset the concurrent findings of both the Courts below and it is
not open for Revisional Court to re-analyse and re-interpret the evidence
in revisional jurisdiction. Hence, considering the power under Section
401(3) of the CrPC, no case is made out to interfere with the reasons
assigned by both the Courts below.



                                 Page 2 of 3
   R/CR.RA/293/2018                                                         JUDGMENT DATED: 27/04/2026




[5.0] At the same time, this Court has taken into consideration the
object of the NI Act as the accused has already made the
payment/deposited the impugned amount and hence, in view of the
judgment of the Hon’ble Supreme Court in the case of 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.

[6.0] 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.

[7.0] 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.

[8.0] 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.

[9.0] Accordingly, present revision application is disposed of. Record
and proceedings, if any, be sent back to the concerned Court forthwith.
The Registry is directed to disburse the amount so deposited i.e. Rs.6
lakh by the applicant – accused in favor of the original complainant after
due and proper verification.

                                                                                                            Sd/-
                                                                    (HASMUKH D. SUTHAR, J.)

Ajay
   Original copy of this order has been signed by the Hon'ble Judge.
   Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/04/2026 18:58:58




                                                 Page 3 of 3