IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -

NEGOTIABLE INSTRUMENT ACT) NO. 526 of 2025 ==========================================================

MMEON @ MEMAN MOHAMAD RONIF ABDUL AJIJ Versus STATE OF GUJARAT & ANR.

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Appearance:

MR A A ZABUAWALA(6823) for the Applicant(s) No. 1 MR HK PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 28/04/2025

ORAL ORDER

1. By way of this application under Section 438 read with Section 442 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) , the applicant has prayed for quashing and setting aside the judgment and order dated 11.09.2024 passed by the learned Additional Judicial Magistrate First Class, Mandvi - Kachchh in Criminal Case No.518 of 2024, whereby the Trial Court has been pleased to held the applicant guilty for the offence punishable under Section 138 of N.I. Act and sentenced to undergo SI of one year and also directed to pay compensation amount to the original complainant, as well as order dated 05.03.2025 by which learned Sessions Judge, Kachchh at Bhuj dismissed Criminal Appeal No.129 of 2024 and confirmed the judgment and order of conviction dated 11.09.2024 of learned trial Court. Hence, this Revision Application is filed.

2. Heard learned advocate for the applicant.

3. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application and submitted that, the both the courts below have erred in recording conviction though the complainant failed to prove his case. Further, the learned Courts below failed to appreciate the evidence in its true perspective though the complainant failed to prove legally enforceable debt and the defense made by the complainant was not properly examined by the trial Court. Merely, based on the presumption and assumption, he is convicted. There is serious allegations qua existence of legally enforceable debt. No any hand loan of Rs.6,00,000/- is given by the complainant to the present applicant. Further, the accused has rebutted presumption and complainant has failed to prove case against the applicant. It is submitted that offence is bailable and compoundable, therefore, the present application deserves consideration. Considering the aforesaid facts, the applicant has good case and arguable case. However, learned advocate for the applicant has submitted that to show his bona fide, applicant is ready and willing to deposit remaining 50% amount i.e. an amount of Rs. 3,00,000/- with the concerned Court / learned Sessions Court, if the sentence imposed against the applicant is suspended pending the present criminal revision application.

4. Considering the aforesaid facts, subject to the applicant depositing remaining 50% i.e. an amount of Rs.3,00,000 /- with the learned Sessions Court/concerned Court within two weeks from today, issue NOTICE making it returnable on 27.06.2025. Learned APP waives service of Notice for and on behalf of respondent No.1 – State of Gujarat. Private respondent to be served through concerned police Station.

5. Pending the present criminal revision application, interim relief in terms of paragraph No.8(C) is granted and sentence imposed upon the applicant vide impugned judgment and order dated

11.09.2024 passed by the learned Additional Judicial Magistrate First Class, Mandvi-Kachchh in Criminal Case No.518 of 2024, as well as order dated 05.03.2025 by which learned Sessions Judge, Kachchh at Bhuj dismissed Criminal Appeal No.129 of 2024 are suspended and the applicant shall be released on bail by executing a fresh bond of Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like amount to the satisfaction of the trial Court, on conditions that applicant:-

(a) shall not take undue advantage of liberty or misuse liberty; (b) shall not leave India without