Gujarat High Court
Mukeshkumar Bishambharlal Shah ... vs State Of Gujarat on 2 July, 2021
Bench: Ilesh J. Vora
R/CR.RA/412/2021 ORDER DATED: 02/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 412 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In R/CRIMINAL REVISION APPLICATION NO. 412 of 2021
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MUKESHKUMAR BISHAMBHARLAL SHAH PROPRIETOR OF M/S NIPUN
ENTERPRISE
Versus
STATE OF GUJARAT
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Appearance:
CHINTAN K GANDHI(8600) for the Applicant(s) No. 1
MR. MAHITOSH U SINGH(7015) for the Applicant(s) No. 1
MR. MH SHEKHAWAT(7194) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA CALLA, APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 02/07/2021
ORAL ORDER
Order in Criminal Revision Application No.412 of 2021
Notice returnable on 05.08.2021. Learned APP waives
service of notice for and on behalf of the respondent-State. The
notice be served upon respondent no.2 through concerned
Police Station.
Order in Criminal Misc. Application No.1 of 2021 in
Criminal Revision Application No.412 of 2021
1. Rule. Ms.Krina Calla, learned APP waives service of notice
of rule for and on behalf of respondent-State.
R/CR.RA/412/2021 ORDER DATED: 02/07/2021
2. The present application is preferred against the sentence,
judgment and order dated 31.05.2021 passed by learned
Additional Sessions Judge, City Sessions Court, Ahmedabad in
Criminal Appeal No.431 of 2019, thereby dismissing the appeal
and affirming the judgment, order and sentence dated
07.05.2019 passed by learned Additional Chief Metropolitan
Magistrate, Negotiable Instrument Act, Court No.35,
Ahmedabad in Criminal Case No.69888 of 2018 under Section
138 of the Negotiable Instruments Act, 1881 and dismissed the
appeal.
3. The learned advocate appearing for the applicant/original
accused submits that the learned Magistrate has convicted the
applicant/original accused under Section 138 of the N.I. Act
and sentenced him to suffer SI for one year and he was
ordered to pay the amount of Rs.2,97,299/- as compensation
to the complainant within a period of 60 days and in default,
further sentence of ninety days. The appellant Court has
confirmed the said order.
4. The learned advocate for the applicant, on instructions,
submitted that 20% of the cheque amount has already been
deposited by the applicant and further, the applicant is ready
and willing to deposit 15% of the cheque amount before the
concerned trial Court within a period of two months from the
date of his release and prayed that the applicant may be
enlarged on bail.
5. Heard Mr. Mahitosh Singh, learned advocate for the
applicant and Ms. Krina Calla, learned APP for the respondent-
State.
R/CR.RA/412/2021 ORDER DATED: 02/07/2021
6. Considering the facts and circumstances of the case and
the material available on record, the present application
requires consideration and the same is hereby allowed. The
applicant is hereby released on bail in connection with the
order of sentence and conviction passed on 07.05.2019 passed
by learned Additional Chief Metropolitan Magistrate,
Negotiable Instrument Act, Court No.35, Ahmedabad in
Criminal Case No.69888 of 2018 subject to deposition of 15%
of the cheque amount before the concerned trial Court within a
period of two months from the date of his release and also on
usual terms and conditions and on his furnishing personal bond
of Rs.10,000/- (Rupees Ten Thousand only) with one surety of
the like amount to the satisfaction of the trial Court. The
sentence and order of compensation is also hereby suspended
till final disposal of the Revision Application. Rule is made
absolute to the aforesaid extent.
Direct service through FAX and E-mail is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
