Nanalal Karshan Limbani vs State Of Gujarat

R/CR.RA/63/2012 JUDGMENT DATED: 27/04/2026

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 63 of 2012

With CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2026 In R/CRIMINAL REVISION APPLICATION NO. 63 of 2012

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

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Approved for Reporting Yes No

============================================ NANALAL KARSHAN LIMBANI Versus STATE OF GUJARAT & ANR. ============================================ Appearance: HCLS COMMITTEE(4998) for the Applicant(s) No. 1 MS. ALKA B VANIYA(6945) for the Applicant(s) No. 1 NON BAILABLE WARRANT SERVED for the Applicant(s) No. 1 MR BY MANKAD(440) for the Respondent(s) No. 2 MS MONALI H BHATT, APP for the Respondent(s) No. 1 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

Date : 27/04/2026

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 26.02.2010 passed by

the learned 2nd Additional Judicial Magistrate First Class, Bhuj -

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NEUTRAL CITATION

R/CR.RA/63/2012 JUDGMENT DATED: 27/04/2026

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Kutch in Private Criminal Case No.1000 of 2007, 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

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 one month. The said order was assailed by

way of filing Criminal Appeal No.7 of 2010, wherein, vide order

dated 25.01.2012 passed by the learned Sessions Judge, Kutch

- Bhuj, the appeal came to be dismissed. Hence, the present

Revision Application is filed by the applicant-accused.

2) Learned Advocate for the applicant has submitted that pursuant

to the order dated 24.03.2026, non bailable warrant came to be

issued against the accused and at present he is in custody. He

has further submitted that the applicant is ready and willing to

deposit Rs.70,000/- i.e. cheque amount before the Registry of

this Court. In view of above, the applicant is permitted to

deposit the cheque amount before the Registry of this Court.

Therefore, 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

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R/CR.RA/63/2012 JUDGMENT DATED: 27/04/2026

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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

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 one

(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 one (1) year.

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NEUTRAL CITATION

R/CR.RA/63/2012 JUDGMENT DATED: 27/04/2026

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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.

8) It is kept open for the respondent no.2 to release the amount in

his favour.

9) In view of the above, the non bailable warrant issued against the

applicant is hereby cancelled and the applicant is released on

bail subject to the condition that he shall deposit Rs.70,000/-

i.e. cheque amount before the Registry of this Court.

10) The Jail Authority is directed to release the applicant forthwith, if

not required in any other offence.

11) Accordingly, the Criminal Misc. Application No.1 of 2026 also

stands disposed of.

12) The Registry is directed to communicate this order to the Jail

Authority via FAX. Direct service is permitted.

(HASMUKH D. SUTHAR,J) ANKIT JANSARI

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