Bhatiya Hargovanbhai Jivabhai vs State Of Gujarat & Anr

Hasmukh D. Suthar, J

[1.0] By way of the present revision application filed under Sections 397 and 401 of the Code of Criminal Procedure, the applicant - accused has sought quashing and setting aside of the judgment and order dated 30.06.2016 passed by the learned Judicial Magistrate First Class, Deodar in Criminal Case No.1085/2006 as well as the judgment and order dated 20.02.2018 passed by the learned Additional Sessions Judge, Deodar in Criminal Appeal No.8/2016, whereby the applicant - accused is convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") and directed to undergo simple imprisonment for one year with fine of double the amount of cheque i.e. Rs.6 lakh and in default of payment of fine, to undergo further simple imprisonment of three months.

[2.0] Today, when the matter is called out, learned advocate for the applicant has submitted that applicant has already deposited Rs.3 lakh on 09.04.2018 with the Registry of this Court in compliance of the order dated 03.04.2018 passed by the coordinate Bench in Criminal Misc. Application No.1 of 2018 in CR.RA No.293 of 2018 and today the applicant - accused is present in the Court with Demand Draft No.344 dated 24.04.2026 drawn in favor of The Registrar of this Court. Thus, it is clear that the total amount of Rs.6 lakh and now, nothing is required to be decided in the present application.

[3.0] Having heard the learned Advocates appearing for the respective parties and perusing the record, it appears that the learned trial Court convicted the applicant - accused for the offence under Section 138 of the NI Act and ordered him to undergo simple imprisonment for one year and also directed to pay fine and in default of payment of fine, to undergo further simple imprisonment for 3 months. Against the said conviction and sentence, the applicant filed criminal appeal which also came to be dismissed and hence, there are concurrent findings of facts of both the Courts below.

[4.0] In view of above, once the amount being deposited by the accused 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 and in absence of any perversity and no ground is found to upset the concurrent findings of both the Courts below and it is not open for Revisional Court to re-analyse and re-interpret the evidence in revisional jurisdiction. Hence, considering the power under Section 401(3) of the CrPC, no case is made out to interfere with the reasons assigned by both the Courts below.

[5.0] At the same time, this Court has taken into consideration the object of the NI Act as the accused has already made the payment/deposited the impugned amount and hence, in view of the judgment of the Hon'ble Supreme Court in the case of 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.

[6.0] 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 one (1) year.

[7.0] 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 one (1) year.

[8.0] 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.

[9.0] Accordingly, present revision application is disposed of. Record and proceedings, if any, be sent back to the concerned Court forthwith. The Registry is directed to disburse the amount so deposited i.e. Rs.6 lakh by the applicant - accused in favor of the original complainant after due and proper verification.