Gujarat High Court
Vishal Kiritbhai Acharya vs State Of Gujarat on 26 April, 2021
Bench: S.H.Vora
R/CR.RA/239/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 239 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 239 of 2021
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VISHAL KIRITBHAI ACHARYA
Versus
STATE OF GUJARAT
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Appearance:
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
MR A A ZABUAWALA(6823) for the Respondent(s) No. 2
MS. NIKITABAHEN C KANTHARIA(9823) for the Respondent(s) No. 2
MR. LB DABHI, ADDL. PUBLIC PROSECUTOR(2) for the Respondent(s) No.
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CORAM: HONOURABLE MR. JUSTICE S.H.VORA
Date : 26/04/2021
Order in Criminal Revision Application
It appears that the partnership firm is not impleaded as
accused in the original proceedings filed u/s 138 of the NI Act.
Considering the nature of sentence imposed upon the
applicant which is of fixed duration of six months, present
revision application deserves consideration. Hence, Rule.
Learned APP waives service of notice of Rule for respondent-
State.
Order in Criminal Misc. Application
1. Rule. Learned A.P.P. waives service of Rule for the
respondent - State.
2. Heard submissions made at bar.
R/CR.RA/239/2021 ORDER
3. This is a case where, the applicant is convicted by the
learned trial Court for the offence punishable under Section
138 of the Negotiable Instruments Act and sentenced for S.I.
for six months and to deposit double the cheque amount, in
default, further S.I. for 01 month. The applicant has also filed
Criminal Revision Application before this Court which came to
be admitted.
4. Upon considering the submissions made at bar, it
appears that the applicant is required to suffer the sentence
imposed upon him. The applicant is sentenced for a fixed
period and the Criminal Revision Application is not likely to be
heard in near future. No breach of bail condition pending
trial.
5. Therefore, considering the decision rendered in case of
Bhagwan Rama Shinde V/s. State of Gujarat (1999)4 SCC 421
as there are no exceptional circumstances pointed out by the
learned A.P.P. to refuse/decline the application, pending
hearing of the Criminal Revision Application, judgment and
order of sentence imposed upon the applicant dated 3.3.2021
passed by the learned 5th Additional Sessions Judge, Anand in
Criminal Appeal No.128 of 2018 is hereby suspended and the
applicant shall remain on bail pending hearing of the Criminal
Revision Application on the same terms and conditions as
were imposed by the appeal Court at the time of grant of bail
pending hearing of appeal, but by furnishing fresh bail bond
of Rs.10,000/- to the satisfaction of the learned Sessions Court
concerned and on further conditions to pay the fine amount
within 7 days from today, if not paid till date.
R/CR.RA/239/2021 ORDER
6. Accordingly, present application is allowed. Rule is made
absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J)
SHEKHAR P. BARVE
