NEUTRAL CITATION
R/SCR.A/14264/2023 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14264 of 2023
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HITESH SUNDARLAL TORANI
Versus
STATE OF GUJARAT
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Appearance:
MR ARPIT A KAPADIA(3974) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR KM ANTANI, Addl. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/11/2023
ORAL ORDER
After arguing to some extent, learned advocate Mr. Arpit Kapadia for the petitioner would seek only indulgence that the impugned order may be modified to the extent that the petitioner may be permitted to deposit the compensation amount in installments.
For passing necessary indulgence and order, briefly stated facts of the case are that Criminal Case No.14455 of 2012 was filed by the complainant Rameshkumar Laljibhai before the learned Addl. CJM, Surat for the offence punishable u/s 138 of the NI Act against present petitioner. After following due procedure, the issue was taken to its logical end. The learned Addl. CJM passed an order on 31.8.2023 and convicted the present petitioner for the offence punishable u/s 138 of the NI Act and ordered to undergo SI for one year and granted Page 1 of 3 Downloaded on : Wed Nov 01 20:47:21 IST 2023 NEUTRAL CITATION R/SCR.A/14264/2023 ORDER DATED: 01/11/2023 undefined compensation twice to the amount of the cheque, which comes to Rs.34 lakh as the amount of questioned cheque is Rs.17 lakh.
Being aggrieved by the judgment of conviction recorded by the learned Addl. CJM, the petitioner preferred Criminal Appeal No.727 of 2023 before the learned Session Judge, Surat. An application was also moved at Exh.4 in the criminal appeal for suspension of sentence and to enlarge the petitioner on bail during the pendency of the appeal. The learned 9 th Addl. Sessions Judge, Surat passed impugned order on 5.10.2023 and allowed application Exh.4 to suspend the execution and implementation of the sentence and ordered to release the present petitioner on regular bail on furnishing personal bond of Rs.25,000/- with one surety of like amount. While passing such order, the learned Session Judge has ordered to deposit 20% of the fine/compensation amount before the Nazir of the Court under the provisions of section 148 of the NI Act, which comes to Rs.2,40,000/-.
According to learned advocate for the petitioner, the petitioner has deposited Rs.1,70,000/- uptil now towards compliance of the impugned order.
Relying upon the judgment of the Hon'ble Apex Court in case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation Ltd. and others rendered in Criminal Appeal No.2741 of 2022, it was initially argued that in exceptional cases, the petitioner is facing with the dire financial situation and is not in a position to deposit the entire amount of Page 2 of 3 Downloaded on : Wed Nov 01 20:47:21 IST 2023 NEUTRAL CITATION R/SCR.A/14264/2023 ORDER DATED: 01/11/2023 undefined compensation as ordered by the learned Session Judge. Learned advocate Mr. Kapadia then, under the instructions, would submit that the petitioner shall deposit the amount with an indulgence that the petitioner may be permitted to deposit the amount in installments.
The above request appears to be genuine and requires to be granted.
Learned APP Mr. KM Antani is not in a position to controvert this position of facts.
For the foregoing reasons, the impugned order is interfered with to the extent that the petitioner shall deposit remaining balance amount of Rs.5,10,000/- within next 60 days in four equal installments from today.
With the above observations and directions, present petition stands disposed of at admission stage. Direct service is permitted.
It is clarified that this Court has not examined the merits of the matter and the concerned learned Session Judge shall decide the appeal pending before it in accordance with law and on merit.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 3 of 3 Downloaded on : Wed Nov 01 20:47:21 IST 2023