Gujarat High Court
CR.RA/1278/2026 of VISHALBHAI ASHOKPURI GOSAI Vs MAYURDHVAJSINH MAHIPATSINH JADEJA on 1 May 2026
01/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1278 of 2026 ================================================================ VISHALBHAI ASHOKPURI GOSAI Versus MAYURDHVAJSINH MAHIPATSINH JADEJA &
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 1278 of 2026
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VISHALBHAI ASHOKPURI GOSAI
Versus
MAYURDHVAJSINH MAHIPATSINH JADEJA & ANR.
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Appearance:
NISHITH P ACHARYA(9308) for the Applicant(s) No. 1
MR PRANAV DHAGAT, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/05/2026
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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 20% of the cheque amount has already been deposited before the learned Appellate Court. 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 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 20% of the cheque 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 10.08.2023 passed by the learned 7th Additional Chief Judicial Magistrate, Special Negotiable Court, Jamnagar in Criminal Case No.4261 of 2022, which was upheld and confirmed by order dated 06.02.2026 passed by the learned Sessions Judge, Jamnagar in Criminal Appeal No.273 of 2023 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;
7. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith. Sd/- (GITA GOPI, J) CAROLINE / 11
Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CAROLINE ANTHONISWAMY(HC00212), Principal pvt Secretary, at High Court of Gujarat on 01/05/2026 17:12:19