Back
2026 Supreme(Online)(Guj) 13021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Gita Gopi, J
KANAIYALAL BHOPABHAI KAHARV/sSTATE OF GUJARAT
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION) NO. 1239 of 2026
For the Appellants/Petitioners: Vasimraja A Kureshi
For the Respondents: Pranav Dhagat
The court may suspend a sentence of conviction and grant bail in a revision application under the Negotiable Instruments Act upon the deposit of a significant portion of the disputed amount.
Headnote:(A) Criminal Revision - Suspension of Sentence - Deposit of amount - In cases involving conviction under Section 138 of the Negotiable Instruments Act, the court may exercise discretion to suspend the sentence and grant bail if the applicant deposits a substantial portion of the cheque amount pending final disposal of the revision. (Para 5, 7)
Issues: Whether the sentence of conviction should be suspended and bail granted pending the final hearing of the revision application.
| Table of Content |
|---|
| 1. challenge to concurrent findings of conviction and sentence under the negotiable instruments act. (Para 1 , 2) |
| 2. request for suspension of sentence based on partial deposit of the cheque amount. (Para 3 , 4) |
| 3. grant of bail and suspension of sentence pending final disposal of the revision application. (Para 5 , 6 , 7 , 8) |
ORDER
1. RULE
. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent–State.
2. By way of this application, the challenge is given to the concurrent findings of conviction and sentence passed under Section 138 of the Negotiable Instruments Act, 1881.
3. Learned advocate for the applicant submits that the matter is under Section 25 of the Payment and Settlement System Act . It is submitted that out of an amount of Rs.90,000/-, Rs.48,000/- has already been deposited. It is further submitted that the applicant has brought a Demand Draft of Rs.30,000/- for depositing in the Registry of this Court and prayed that the Nazir may be directed to accept the said amount. It was, therefore, prayed that the present application may be allowed and the sentence qua the applicant herein may be suspended and the applicant be granted bail.
4. Learned Additional Public Prosecutor prayed that no discretion may be exercised in favour of the applicant.
5. Heard learned advocates appearing for the respective parties and perused the material on record. Taking into consideration the facts and circumstances of the case and when the above amounts have been deposited before the concerned Court/s, and when the Revision Application will take its own time to come for final hearing, the order of sentence requires consideration.
6. The Nazir of this Court is directed to accept the amount/Demand Draft that may be furnished by the applicant.
7. In view of the above, the order of sentence dated 30.11.2024 passed by the learned 5th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.34314 of 2018, which was upheld and confirmed by order dated 09.03.2026 passed by the learned 4th Additional Sessions Judge, Vadodara in Criminal Appeal No.63 of 2025 are suspended till disposal of the Revision and the applicant is ordered to be released on bail on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) and a surety of like amount to the satisfaction of the Trial Court concerned and subject to the conditions that the applicant shall:-
[a] pursue the matter scrupulously as and when the same is listed;
[b] not take undue advantage of liberty or misuse liberty;
[c] not leave India without prior permission of the Court;
8. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
