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NEUTRAL CITATION

R/CR.RA/1371/2026 ORDER DATED: 08/05/2026

0.5427717408020806

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -

NEGOTIABLE INSTRUMENT ACT) NO. 1371 of 2026

With

CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2026

In R/CRIMINAL REVISION APPLICATION NO. 1371 of 2026

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SAGAR HASMUKHBHAI SONI

Versus

PROPRIETOR OF SONIYA PRODUCTS - MUKESH RAJKUMAR KHIYANEE

& ANR.

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Appearance:

S B SUTARIA(7651) for the Applicant(s) No. 1

HARDIK SONI APP for the Respondent(s) No. 2

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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

Date : 08/05/2026

ORDER

Order in CR.MA:-

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 20% of the

cheque amount has been deposited before the learned Court

below. Learned advocate for the applicant also produces

before this Court a copy of the receipt of the above payment.

It was, therefore, prayed that the present application may be

allowed and the sentence qua the applicant herein may be

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NEUTRAL CITATION

R/CR.RA/1371/2026 ORDER DATED: 08/05/2026

0.5427717408020806

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 an amount

has been deposited before the learned Appellate Court and

when the Revision Application will take its own time to come

for final hearing, the order of sentence requires consideration.

6. In view of the above, the order of sentence dated 04.01.2024

passed by the Trial Court in Criminal Case no.2870 of 2022

which was upheld and confirmed by order dated 06.04.2026

passed by the Appellate Court in Criminal Appeal no.89 of

2024 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;

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NEUTRAL CITATION

R/CR.RA/1371/2026 ORDER DATED: 08/05/2026

0.5427717408020806

7. Accordingly, the present application is allowed in the above

terms. Rule is made absolute to the aforesaid extent. Direct

service is permitted. Registry to communicate this order to

the concerned Court/authority by Fax or Email forthwith.

Order in CR.RA:-

1. By way of this application, the challenge is given to the order

of sentence dated 04.01.2024 passed by the Trial Court in

Criminal Case no.2870 of 2022 which was upheld and

confirmed by order dated 06.04.2026 passed by the Appellate

Court in Criminal Appeal no.89 of 2024.

2. Taking into consideration the facts and circumstances of the

case and when the Revision Application will take its own time

to conclude, the order of sentence requires consideration.

3. Hence, RULE. Learned APP waives service of notice of Rule on

behalf of respondent–State.

(GITA GOPI,J)

PARMAR KRISH/14

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