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

NEGOTIABLE INSTRUMENT ACT) NO. 2619 of 2026 ==========================================================

PATEL MITULKUMAR BHAGVANBHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR N P CHAUDHARY(3980) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT , APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 18/09/2026

ORAL ORDER

1. Rule, returnable on 08.03.2027. Learned APP waives service of rule for the respondent-State.

2. By way of the present application, the applicant – accused has prayed to quash and set aside the judgement and order of conviction passed by the learned 7th Additional Sessions Judge, Vadodara at Savli in Criminal Appeal No. 27 of 2025 dated 24.08.2026 confirming the judgement and order passed by the learned Additional Civil Judge & Judicial Magistrate First Class, Savli, in Criminal Case No. 471 of 2013 dated 22.09.2025 and has prayed in Para-10(c) to suspend the order of execution of sentence during pendency of the present Revision Application, whereby, the present applicant - accused was sentenced to simple imprisonment for one year and one and a half times the amount of cheque i.e. Rs.2,00,050/- to be paid as compensation to the complainant within a period of two months, and in default, simple imprisonment for six months for the offence under Section

138 of the Negotiable Instruments Act, 1881.

3. Heard learned advocate Mr. N.P. Chaudhary for the applicant and learned APP Mr. Yuvraj Brahmbhatt for the respondent State.

4. Learned advocate Mr. N.P. Chaudhary for the applicant submits that the applicant was convicted by the learned Additional Civil Judge & Judicial Magistrate First Class, Savli by a judgment and order dated 22.09.2025, and being aggrieved by the same had filed Criminal Appeal No.27 of 2025 before the Sessions Court, Vadodara at Savli. During the pendency of the Criminal Appeal, the applicant had deposited 20% of the amount of cheque. The appeal came to be rejected and thereafter, the applicant by an application at Exh.85, has surrendered before the learned Trial Court and sent into custody. Learned advocate further submits that the applicant at present is in jail undergoing the sentence and is ready and willing to deposit 30% of the amount of cheque before the learned Trial Court before his release. The applicant has a good case on merits and the prayer as prayed for in Para-10(c)

may be allowed.

5. Learned APP Mr. Yuvraj Brahmbhatt for the respondent State has objected to grant of the present application.

6. Considering the fact that the conviction is a fixed sentence and there is no likelihood of the revision application being heard in the near future and considering the fact that the applicant at present is in jail and has already deposited 20% of the amount of cheque with the learned Trial Court and is ready and willing to deposit further 30% amount of cheque with the learned Trial Court before his release and as the offence is bailable and compoundable under Section 147 of the Negotiable Instruments Act, 1881, pending the hearing and final disposal of the present criminal revision application interim relief as prayed for in Para-10(c) is allowed. The order of execution of sentence passed by the learned 7th Additional Sessions Judge, Vadodara at Savli in Criminal Appeal No. 27 of 2025 dated 24.08.2026 confirming the judgement and order passed by the learned Additional Civil Judge & Judicial Magistrate First Class, Savli, in Criminal Case No. 471 of 2013 dated 22.09.2025, is suspended during pendency of the Criminal Revision Application and the applicant is ordered to be released on bail on furnishing personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand Only) with surety of the like amount to the satisfaction of the Trial Court a