BHUPESH JAYANTILAL SHAHversusASHOKKUMAR P GUPTA

     R/CR.RA/762/2009                                       JUDGMENT DATED: 23/03/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CRIMINAL REVISION APPLICATION NO. 762 of 2009
                                  With
             R/CRIMINAL REVISION APPLICATION NO. 763 of 2009

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================

             Approved for Reporting                      Yes             No

==========================================================
                            BHUPESH JAYANTILAL SHAH
                                     Versus
                           ASHOKKUMAR P GUPTA & ANR.
==========================================================
Appearance:
BAILABLE WARRANT UNSERVED for the Applicant(s) No. 1
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
KURVEN K DESAI(7786) for the Applicant(s) No. 1
MR AFTABHUSEN ANSARI(5320) for the Respondent(s) No. 1
MR SM SHUKLA(1192) for the Respondent(s) No. 1
MR ROHAN RAVAL, APP for the Respondent(s) No. 2
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                     Date : 23/03/2026

                                COMMON JUDGMENT


1)       By way of present revision applications 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 31.07.2009 passed by
         the    learned      Metropolitan     Magistrate,   Ni    Act,   Court     No.6,
         Ahmedabad, in Criminal Case No.245 of 2009, 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 hereinafter be referred to as “NI
         Act” for short) and sentenced to undergo simple imprisonment



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     R/CR.RA/762/2009                              JUDGMENT DATED: 23/03/2026




         of one year and also directed to pay fine of Rs.1,28,583/- i.e.
         cheque amount. The said order was assailed by way of filing
         Criminal Appeal No.198 of 2009, wherein, vide order dated
         20.11.2009 passed by the learned Additional City Sessions
         Judge, Ahmedabad, the appeal came to be dismissed and the
         order of learned trial Court has been confirmed and upheld.
         Hence, present Revision Applications are 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 cheque 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-
         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.




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     R/CR.RA/762/2009                                                     JUDGMENT DATED: 23/03/2026




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 1
         year.


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 1 year. 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.


6)       Accordingly, present revision applications are disposed of.
         Record and proceedings, if any, be sent back to the concerned
         Court forthwith.




                                                                       (HASMUKH D. SUTHAR,J)

         SUCHIT




      Original copy of this order has been signed by the Hon'ble Judge.
      Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 23/03/2026 17:48:59
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