BHAVIKBHAI YATINBHAI PATELversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- GITA GOPI
Holding
The High Court suspended the sentence subject to a personal bond and surety of Rs.10,000 each and imposed conditions, thereby allowing the revision application.
Summary
Bhavikbhai Yatinbhai Patel was convicted under Section 138 of the Negotiable Instruments Act, 1881 for issuing a cheque of Rs.1,60,000 that later bounced. The appellant had already deposited 20% of the amount before the Appellate Court and submitted the receipt to the High Court. He applied for a revision seeking suspension of the sentence and bail, arguing that the partial payment warranted relief. The Additional Public Prosecutor opposed any discretionary relief. The Court, noting the partial payment and the pending revision, ordered the suspension of the sentence pending the appellant’s furnishing a personal bond and a surety of Rs.10,000 each, subject to conditions of compliance, non‑misuse of liberty, and no travel abroad without permission. The application was therefore allowed, and the order of sentence was stayed until the revision is decided.
Issues considered
- Whether the sentence imposed under Section 138 of the Negotiable Instruments Act can be suspended pending a revision application when a part of the liability has been paid.
Legislation cited
Subjects
Judgment
R/CR.RA/904/2026 ORDER DATED: 01/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 904 of 2026
================================================================
BHAVIKBHAI YATINBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/04/2026
ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of notice of Rule on behalf of respondent–State.
2. By way of this application, the challenge is given to the
concurrent %ndings of conviction and sentence passed
under Section 138 of the Negotiable Instruments Act,
1881.
3. Learned advocate for the applicant submits that an
amount of Rs.1,60,000/- has already been deposited
before the learned Appellate Court. Learned advocate for
the applicant also produces before this Court a copy of
the receipt of the above payment. It was, therefore,
prayed that the present application may be allowed and
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R/CR.RA/904/2026 ORDER DATED: 01/04/2026
the sentence qua the applicant herein may be suspended
and the applicant be granted bail.
4. Learned Additional Public Prosecutor prayed that no
discretion may be exercised in favour of the applicant.
5. Heard learned advocates appearing for the respective
parties and perused the material on record. Taking into
consideration the facts and circumstances of the case
and when 20% of the amount has been deposited before
the learned Appellate Court and when the Revision
Application will take its own time to come for %nal
hearing, the order of sentence requires consideration.
6. In view of the above, the order of sentence dated
29.05.2025 passed by the learned Principal Civil Judge
and JMFC, Sojitra in Criminal Case No.28 of 2020, which
was upheld and con%rmed by order dated 13.03.2026
passed by the learned 3rd Additional District and Sessions
Judge, Petlad in Criminal Appeal No.49 of 2025 are
suspended till disposal of the Revision on applicant’s
furnishing personal bond of Rs.10,000/- (Rupees ten
thousand only) and a surety of like amount to the
satisfaction of the Trial Court concerned and subject to
the conditions that the applicant shall:-
[a] pursue the matter scrupulously as and when the
same is listed;
[b] not take undue advantage of liberty or misuse
liberty;
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R/CR.RA/904/2026 ORDER DATED: 01/04/2026
[c] not leave India without prior permission of the
Court;
7. If breach of any of the above conditions is committed, the
Sessions Judge concerned will be free to issue warrant or
take appropriate action in the matter.
8. Accordingly, the present application is allowed in the
above terms. Rule is made absolute to the aforesaid
extent. Direct service is permitted. Registry to
communicate this order to the concerned Court/authority
by Fax or Email forthwith.
Sd/-
(GITA GOPI, J)
CAROLINE / SB-1 # 6
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 01/04/2026 15:13:20
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