Gujarat High Court
CR.RA/904/2026 of BHAVIKBHAI YATINBHAI PATEL Vs STATE OF GUJARAT on 1 April 2026
01/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 904 of 2026 ================================================================ BHAVIKBHAI YATINBHAI PATEL Versus STATE OF GUJARAT & ANR.
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 904 of 2026
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BHAVIKBHAI YATINBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MS JYOTI BHATT, ADDITIONAL PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 01/04/2026
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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 %ndings of conviction and sentence passed under Section 138 of the Negotiable Instruments Act, 1881.
3. Learned advocate for the applicant submits that an amount of Rs.1,60,000/- 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 amount has been deposited before the learned Appellate Court and when the Revision Application will take its own time to come for %nal hearing, the order of sentence requires consideration.
6. In view of the above, the order of sentence dated 29.05.2025 passed by the learned Principal Civil Judge and JMFC, Sojitra in Criminal Case No.28 of 2020, which was upheld and con%rmed by order dated 13.03.2026 passed by the learned 3rd Additional District and Sessions Judge, Petlad in Criminal Appeal No.49 of 2025 are suspended till disposal of the Revision on applicant’s furnishing 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. If breach of any of the above conditions is committed, the Sessions Judge concerned will be free to issue warrant or take appropriate action in the matter.
8. 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. Sd/- (GITA GOPI, J) CAROLINE / SB-1 6
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 01/04/2026 15:13:20