JAYENDRASINH NATVARSINH SOLANKIversusINDRAVADAN KANTIBHAI PATEL

     R/CR.RA/935/2022                             JUDGMENT DATED: 24/03/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
      NEGOTIABLE INSTRUMENT ACT) NO. 935 of 2022


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

============================================

             Approved for Reporting             Yes           No

============================================
              JAYENDRASINH NATVARSINH SOLANKI
                             Versus
             INDRAVADAN KANTIBHAI PATEL & ANR.
============================================
Appearance:
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
MR.RADHESHYAM K DAVE(7245) for the Applicant(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 2
VASIMRAJA A KURESHI(8609) for the Respondent(s) No. 1
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 24/03/2026

                                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 12.12.2019 passed by

         the learned 9th Additional Chief Judicial Magistrate, Vadodara in

         Criminal Case No.15001 of 2017, whereby, the trial Court has

         been pleased to hold the applicant guilty for the offence



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         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 the applicant to pay compensation of Rs.7,50,000/-

         to the complainant and in default of payment of compensation to

         undergo further simple imprisonment of six months. The said

         order was assailed by way of filing Criminal Appeal No.13 of

         2020, wherein, vide order dated 30.08.2022 passed by the

         learned 8th Additional Sessions Judge, Vadodara, 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 entire 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-


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         analyse and re-interpret the evidence in revisional jurisdiction.

         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, 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 2

         years.



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 2 (two) years.




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      R/CR.RA/935/2022                                                              JUDGMENT DATED: 24/03/2026




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)         The learned trial Court is directed that the amount deposited by

           the applicant which is lying with it be released in favour of the

           original complainant after due and proper verification.



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 24/03/2026 17:01:31




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