Gujarat High Court
Shree Sai Rayons Thro Ankit ... vs State Of Gujarat on 1 February, 2021
Bench: B.N. Karia
R/SCR.A/8389/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 8389 of 2020
==========================================================
SHREE SAI RAYONS THRO ANKIT NAVINCHANDRA PATEL
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR HARNISH V DARJI(3705) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE B.N. KARIA
Date : 01/02/2021
ORAL ORDER
Rule, returnable forthwith against respondent no.1 only.
Learned APP waives service of notice of Rule for and on behalf of
the respondentState.
By way of present application, applicant has prayed to quash
and set aside the impugned judgment and order dated 03.03.2020
passed by learned 7th Additional Sessions Judge, Surat in Criminal
Revision Application No.48 of 2020 and to restore Para5 of the
order passed below Exh.8, in Criminal Case No.65063 of 2018 and
has further prayed to stay the judgment and order dated
03.03.2020 passed by learned 7 th Additional Sessions Judge, Surat
in Criminal Revision Application No.48 of 2020.
R/SCR.A/8389/2020 ORDER
Heard learned advocate for the applicant and learned APP for
the respondent no.1.
Considering the issue involved in the application, this Court
does not deem it fit to issue notice to respondent no.2.
Having heard learned advocate for the applicant as well as
learned APP for the respondentState, it appears that in Criminal
Case No.65063 of 2018 filed by the applicant under Section 138 of
the Negotiable Instruments Act, 1881 (hereinafter referred to as
"the N.I. Act" for short), summons was issued and it was duly
served to accused persons. Respondent no.2 had appeared before
the Court. Original complainant/present applicant filed an
application under the provisions of Section 143(A)(1) of the N.I.
Act, below Exh.8 on 06.08.2019. The said application was opposed
by respondent no.2. After hearing both the sides, learned 7 th
Additional Chief Judicial Magistrate, Surat, vide order dated
27.08.2019 was pleased to allow the application below Exh.8 and
directed the accused to deposit 20% of cheque amount failing
which accused would not be allowed to present his defence.
Further, if any defence is produced, it would not be considered.
The accused preferred Criminal Revision Application No.48 of 2020
before the learned 7th Additional Sessions Judge, Surat on
R/SCR.A/8389/2020 ORDER
26.12.2019. After issuance of notice to present applicant, he
approached the Court and filed his reply below Exh.5. After hearing
both the sides and after going through the record, the learned 7 th
Additional Sessions Judge, Surat was pleased to allow Criminal
Revision Application No.48 of 2020 preferred by accused vide
judgment and order dated 03.03.2020. The learned Sessions Judge
was pleased to hold that the order passed by the learned Trial
Court to the extent of prohibiting the accused to produce his
defence in the event of nonpayment of interim compensation as
per Para5 of the order dated 27.08.2019 was not legal and proper,
and therefore, it was quashed and set aside. Remaining order
passed by the learned Trial Court of interim compensation was not
disturbed by the Revisional Court for getting the interim
compensation as prayed under Section 143(A)(1) of the N.I. Act. It
is worried by the applicant that if the interim compensation would
not be paid by the accused, he would suffer great loss and
therefore, order passed by the learned Trial Court was legal and
valid. Under section 143A(5), interim compensation payable under
this section may be recovered as if it were a fine under Section 421
of the Code of Criminal Procedure, 1973. It is submitted by learned
advocate for the applicant that the interim compensation was not
R/SCR.A/8389/2020 ORDER
deposited by the accused before the Court. Certainly the applicant
would be entitled to get the remedy available under the Act and
approached the Competent Authority to recover the amount of
interim compensation awarded to him as per the order passed by
the Courtbelow by availing remedy provided under Section 421 of
the Code of Criminal Procedure, 1973. No other issue remains to be
decided considering the fact of the case.
With the above observations, present application stands
disposed of. Rule is discharged.
(B.N. KARIA, J)
rakesh/
