Rakesh Keshavlal Rathod vs State Of Gujarat
2021 Latest Caselaw 5192 Guj

        R/SCR.A/4294/2021                                           ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/SPECIAL CRIMINAL APPLICATION NO. 4294 of 2021
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               RAKESH KESHAVLAL RATHOD
                        Versus
                   STATE OF GUJARAT
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Appearance:
MR NIKHIL S VYAS(5663) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

                            Date : 20/04/2021

                               ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for short).

2. In this petition, the petitioner has prayed that learned 2nd Additional Chief Judicial Magistrate, First Class, Gandhinagar, be directed to expedite the application under Section 389(3) of the Code and decide the same, in accordance with law.

3. Heard learned advocate Mr.Nikhil S. Vyas for the petitioner and learned Additional Public Prosecutor Mr.Hardik Soni for the respondent State.

4. It is submitted by the learned advocate for the petitioner that learned 2nd Additional Chief Judicial

R/SCR.A/4294/2021 ORDER

Magistrate, First Class, Gandhinagar, vide order dated 14.10.2019 convicted the present petitioner for the alleged offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and is sentenced to two years imprisonment. It is submitted that at the time of pronouncement, the petitioner was not present and, therefore, non-bailable warrant was issued against him. It is submitted that the petitioner has approached the concerned Sessions Court by filing an appeal against the said order. However, the concerned Sessions Court has not accepted the appeal filed by the petitioner. It is further submitted, under the instructions, that the petitioner is ready and willing to deposit 25% of the amount of the cheque in question before the concerned trial Court. It is further submitted that the trial Court be directed to accept the said amount and, thereafter, the petitioner be directed to file an appeal before the concerned Sessions Court.

5. In view of the limited grievance raised by the petitioner in the present petition, the same is disposed of, with a direction to the concerned trial Court to accept 25% of the amount of the cheque in question from the petitioner. It is also open for the petitioner to file an appeal before the concerned Sessions Court against the judgment and order dated 14.10.2019 passed by the learned 2nd Additional Chief Judicial Magistrate, First Class, Gandhinagar, in Criminal Case No.1620 of 2017. It is also open for the petitioner to file an application under Section

R/SCR.A/4294/2021 ORDER

389 of the Code along with the said appeal. As and when the appeal is filed by the petitioner, the same shall be decided on its own merits and the application under Section 389 that may be filed by the applicant along with the said appeal be decided immediately in accordance with law.

6. With the aforesaid observations and directions, the petition stands disposed of.

It is clarified that this Court has not examined the merits of the case.

Direct Service is permitted.

(VIPUL M. PANCHOLI, J) Gautam