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

NEGOTIABLE INSTRUMENT ACT) NO. 2428 of 2025 With CRIMINAL MISC.APPLICATION (FOR SUSPENSION OF SENTENCE) NO.

1 of 2025 In R/CRIMINAL REVISION APPLICATION NO. 2428 of 2025 ==========================================================

HITESHBHAI MANUBHAI CHAVDA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. JAVED S QURESHI(6999) for the Applicant(s) No. 1 ROHAN SHAH APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL Date : 11/12/2025

ORAL ORDER

Order in Criminal Revision Application:

1. Heard the learned advocate for the applicant.

2. By way of present Criminal Revision Application, the applicant has assailed the concurrent findings of the learned Courts below i.e. judgment and order dated 07.11.2025 passed by the Ld. Principal District and Sessions Judge, Anand in Criminal Appeal No. 380/2024 confirming the order dated 02.09.2024 passed by the Old. 5^th Additional Chief Judicial Magistrate, Anand in Criminal Case No. 849/2021 whereby, the applicant is convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”) and sentenced to imprisonment.

3. Having heard and considering the averments made in the present application, and that the learned advocate for the applicant, on instructions, has submitted that the applicant is ready and willing to deposit 20% of the cheque amount, issue Rule, returnable on 24^th March 2026. 12.02.2026 Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent - State.

Order in Criminal Misc. Application:

1. Heard the learned advocate for the applicant.

2. The captioned revision application is filed mainly on the ground that both the Courts below have committed error in not appreciating the evidence as regards that the fact that there was no legally enforceable debt on the present applicant and applicant was having an arguable case. Having heard and considering the averments made in the present application and that the applicant is ready and willing to deposit 20% of the cheque amount, present application deserves consideration.

3. Accordingly, this application is allowed in terms of paragraph 12(A) of the application memo on the conditions that the applicant:

a) shall execute a personal bond of Rs.10,000/- with one surety of the like amount. Bail bond before the trial Court concerned;

b) shall not misuse the liberty granted by this Court;

c) shall furnish the present address of his residence with documentary evidence to the Court concerned at the time of execution of the bond;

d) shall not leave India without prior permission of this Court;

e) shall deposit 20% of the cheque amount within a period of 4 weeks from today before the trial Court concerned;

(f) shall proceed with the Criminal Revision Application as and when listed and shall not prolong the hearing of the same.

4. Needless to observe that in non-compliance of the depositing the aforesaid amount, the order suspending the sentence of imprisonment shall stand automatically withdrawn without reference to this Court.

5. The application stands disposed accordingly. Direct Service is permitted.

(P. M. RAVAL, J)

MMP