JAYESH JAYANTILAL MANIYARversusAARJIL ENTERPRISE

     R/CR.RA/351/2011                            JUDGMENT DATED: 21/04/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 351 of 2011


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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

             Approved for Reporting             Yes          No

============================================
                 JAYESH JAYANTILAL MANIYAR
                             Versus
                  AARJIL ENTERPRISE & ANR.
============================================
Appearance:
MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1
MR ASHISH M DAGLI(2203) for the Respondent(s) No. 1
MR ROHAN H. RAVAL, APP for the Respondent(s) No. 2
============================================

 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                           Date : 21/04/2026

                               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 30.10.2010 passed by

         the learned Chief Judicial Magistrate, Surendranagar in Criminal

         Case No.209 of 2002, whereby, the trial Court has been pleased

         to hold the applicant guilty for the offence punishable under

         Section 138 of the Negotiable Instruments Act (which shall


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     R/CR.RA/351/2011                              JUDGMENT DATED: 21/04/2026




         hereinafter be referred to as “NI Act” for short) and sentenced

         to undergo simple imprisonment for one year and also directed

         to pay fine of Rs.10,000/- and in default of payment of fine to

         undergo further simple imprisonment for one month. The said

         order was assailed by way of filing Criminal Appeal No.53 of

         2010, wherein, vide order dated 27.07.2011 passed by the

         learned Additional Sessions Judge, Surendranagar, the appeal

         came to be partly allowed by reducing the simple imprisonment

         to only six months and rest of the order remained the same.

         Hence, the present Revision Application is filed by the applicant.


2)       Learned Advocate for the applicant has submitted that during

         the pendency of the present revision application the applicant

         has deposited the cheque amount by way of Demand Draft

         dated 18.04.2026, of IDFC First Bank, Gandhinagar Branch. In

         view of above once the amount being deposited 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, in absence of any

         perversity 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-analyse and re-interpret the evidence in



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     R/CR.RA/351/2011                              JUDGMENT DATED: 21/04/2026




         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 and as the accused has made the payment,

         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 six

         (6) months.


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 six (6) months.


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.




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     R/CR.RA/351/2011                                                             JUDGMENT DATED: 21/04/2026




7)       Accordingly, present revision application is disposed of. Record

         and proceedings, if any, be sent back to the concerned Court

         forthwith.



8)       The Registry is directed to release the deposited amount in

         favour of the complainant after due and proper verification.




                                                                          (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 21/04/2026 16:52:24




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