R/CR.RA/152/2017 JUDGMENT DATED: 20/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 152 of 2017 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR ============================================ Approved for Reporting Yes No ============================================ USHABEN JAYKUMAR BHAIYA Versus SAHYOG CREDIT COOPERATIVE SOCIETY THROUGH ITS LOAN OFFICER & ANR. ============================================ Appearance: MR DIPAN DESAI(2481) for the Applicant(s) No. 1 MR. SAHIL M SHAH(6318) for the Respondent(s) No. 1 MR ROHAN RAVAL, APP for the Respondent(s) No. 2 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 20/03/2026 ORAL 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 30.10.2025 passed by the learned JMFC, Dahod in Criminal Case No.1625 of 2014, whereby, the trial Court has been pleased to hold the applicant guilty for the offence punishable under Section 138 of the R/CR.RA/152/2017 JUDGMENT DATED: 20/03/2026 Negotiable Instruments Act (which shall 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.5,000/- and in default of payment of fine to undergo further simple imprisonment for 30 days. The said order was assailed by way of filing Criminal Appeal No.15 of 2015, wherein, vide order dated 09.02.2017 passed by the learned 3rd Additional Sessions Judge, Dahod, 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 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. Page 2 of 4 R/CR.RA/152/2017 JUDGMENT DATED: 20/03/2026 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 which is evident from the further affidavit of the respondent no.1 dated 02.12.2024 and no-objection certificate issued by the respondent no.1 in favour of the applicant, 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 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 (one) year. Page 3 of 4 R/CR.RA/152/2017 JUDGMENT DATED: 20/03/2026 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) 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 23/03/2026 18:28:23