VISHALBHAI ASHOKPURI GOSAIversusMAYURDHVAJSINH MAHIPATSINH JADEJA
- Disposal
- 26-DISMISSED @ ADM.STAGE
- Bench
- GITA GOPI
Holding
The court suspended the earlier sentence and granted bail subject to bond, surety and conditions pending the disposal of the revision.
Summary
Vishalbhai Ashokpuri Gosai was convicted under Section 138 of the Negotiable Instruments Act for issuing a bounced cheque and sentenced by the 7th Additional Chief Judicial Magistrate, a sentence later confirmed by the Sessions Judge. The applicant filed a criminal revision application, asserting that 20% of the cheque amount had already been deposited before the appellate court and produced a receipt of that payment. He prayed for suspension of the sentence and release on bail. The Additional Public Prosecutor opposed any discretion in favor of the applicant. Considering the partial payment and the time the revision would take for final hearing, the High Court suspended the earlier sentence pending disposal of the revision and granted bail on a personal bond and surety of Rs.10,000, subject to conditions. The order also permitted direct service and directed the registry to communicate the order to the concerned court.
Issues considered
- Whether the sentence imposed under Section 138 of the Negotiable Instruments Act can be suspended pending the disposal of a revision application.
- Whether bail can be granted to a convicted person under Section 138 after partial payment of the cheque amount.
Legislation cited
Subjects
Judgment
R/CR.RA/1278/2026 ORDER DATED: 01/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 1278 of 2026
================================================================
VISHALBHAI ASHOKPURI GOSAI
Versus
MAYURDHVAJSINH MAHIPATSINH JADEJA & ANR.
================================================================
Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MR PRANAV DHAGAT, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 2
================================================================
CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/05/2026
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 findings of conviction and sentence passed
under Section 138 of the Negotiable Instruments Act,
1881.
3. Learned advocate for the applicant submits that 20% of
the cheque amount 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 the
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R/CR.RA/1278/2026 ORDER DATED: 01/05/2026
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 cheque amount has been deposited
before the learned Appellate Court and when the Revision
Application will take its own time to come for final
hearing, the order of sentence requires consideration.
6. In view of the above, the order of sentence dated
10.08.2023 passed by the learned 7 th Additional Chief
Judicial Magistrate, Special Negotiable Court, Jamnagar in
Criminal Case No.4261 of 2022, which was upheld and
confirmed by order dated 06.02.2026 passed by the
learned Sessions Judge, Jamnagar in Criminal Appeal
No.273 of 2023 are suspended till disposal of the
Revision and the applicant is ordered to be released on
bail on executing a 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;
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R/CR.RA/1278/2026 ORDER DATED: 01/05/2026
[b] not take undue advantage of liberty or misuse
liberty;
[c] not leave India without prior permission of the
Court;
7. Direct service is permitted. Registry to communicate this
order to the concerned Court/authority by Fax or Email
forthwith.
Sd/-
(GITA GOPI, J)
CAROLINE / # 11
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 01/05/2026 17:12:19
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