PARVEZ AYUBBHAI VAHORAversusSTATE OF GUJARAT
- Disposal
- 35-ANY OTHER MODE @ ADM.STAGE
- Bench
- P M RAVAL
Holding
The condition to deposit 20% of the cheque amount is set aside and the matter is remitted for fresh consideration.
Summary
Parvez Ayubbhai Vahora, the original accused, filed revision applications challenging the condition imposed by the 10th Additional Sessions Judge that he deposit 20% of the cheque amount within 60 days, a condition attached to the suspension of his sentence under Section 138 of the Negotiable Instruments Act. The applicant argued that the Sessions Judge had not considered his contentions that an exceptional case existed for not making the deposit. The High Court observed that the impugned orders did not address those contentions and therefore the condition could not stand. Consequently, the Court set aside the deposit condition and directed the lower court to rehear that issue afresh, considering all arguments. The revision applications were allowed and the matter was remitted for fresh consideration, with the applications thereafter disposed.
Issues considered
- Whether a condition imposed by an appellate court, without hearing the accused's contentions, can be set aside on revision.
- Whether the requirement to deposit 20% of the cheque amount under Section 138 NI Act is valid absent a proper hearing on the accused's exceptional circumstances.
Legislation cited
Subjects
Judgment
R/CR.RA/623/2026 ORDER DATED: 06/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER
PASSED BY SUBORDINATE COURT) NO. 623 of 2026
With
R/CRIMINAL REVISION APPLICATION NO. 624 of 2026
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PARVEZ AYUBBHAI VAHORA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR ROHAN SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL
Date : 06/03/2026
ORAL ORDER
1. These revision applications have been preferred by the
applicant – original accused praying for to set aside the condition
No. 2 imposed vide orders dated 07.01.2026 passed below
applications Exh. 4 in Criminal Appeal Nos. 6 and 7 of 2026 by the
learned 10th Additional Sessions Judge, Ahmedabad (Rural)
whereby, the learned Sessions Judge suspended the sentence
imposed by the learned 2nd Additional Chief Judicial Magistrate,
Ahmedabad (Rural) in Criminal Case Nos. 26274 of 2021 and
18605 of 2022 for the offence under Section 138 of the Negotiable
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R/CR.RA/623/2026 ORDER DATED: 06/03/2026
Instruments Act, 1881 (NI Act), subject to the applicant depositing
20% of the cheque amount within 60 days from those orders.
2. Heard, the learned advocate for the applicant.
3. As the issue involved in these revision applications is limited
to imposing of one of the conditions by the first appellate Court
while suspending the sentence, no formal notice is issued to the
respondent No. 2 herein – original complainant.
4. The learned advocate for the applicant drew attention of the
Court to the memo of appeals raising various contentions making
out an exceptional case for not depositing the 20% of the cheque
amount. However, it transpires from the orders impugned herein,
which run into three pages each only, that the contentions raised
by the applicant herein with regard to making out an exceptional
case for not depositing the 20% amount, are not dealt with and
discussed by the learned Sessions Judge in the impugned order.
Accordingly, only on that ground the said orders, so far as they
impose condition to deposit 20% of the amount, require to be set
aside with a view to have the decision thereon afresh.
5. In view of the above, these applications succeed and are
allowed in terms of paragraph 6(B) of the respective applications.
The Court concerned is directed to deal with and decide the
aforesaid aspect of deposit of 20% amount by the applicant herein
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R/CR.RA/623/2026 ORDER DATED: 06/03/2026
afresh, considering all the contentions that may be raised by both
the sides, on merits, in accordance with law, by passing reasoned
orders, uninfluenced by the impugned orders herein as well as by
this order.
6. The applications, thus, stand disposed of.
[ P. M. Raval, J. ]
hiren/10-11tss6326
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: HIREN VIRENDRABHAI MER(HC00351), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 06/03/2026 14:50:51
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