Mukeshkumar Bishambharlal Shah ... vs State Of Gujarat
2021 Latest Caselaw 7752 Guj

      R/CR.RA/446/2021                           ORDER DATED: 05/07/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL REVISION APPLICATION NO. 446 of 2021

                               With
      CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
         In R/CRIMINAL REVISION APPLICATION NO. 446 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
MRS.KRINA CALLA APP(2) for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                             Date : 05/07/2021

                         ORAL ORDER

ORDER IN R/CRIMINAL REVISION APPLICATION NO. 446 of 2021

Draft Amendment is allowed. Amendment be carried out forthwith.

Notice returnable on 05.08.2021. Learned APP waives service of notice for and on behalf of respondent - State.

Respondent No.2 is directed to be served through concerned police station.

ORDER IN CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021

[1] Rule. Learned APP waives service of notice of rule for and on behalf of respondent - State.

        R/CR.RA/446/2021                                      ORDER DATED: 05/07/2021




[2]              By       way    of   prayer-23(C)     of   this     application,          the

applicant-original accused is seeking suspension of sentence imposed vide judgment and order dated 31.05.2021 passed by learned Additional Sessions Judge, City Sessions Court, Ahmedabad passed in Criminal Appeal No.427 of 2019 confirming the conviction vide order dated 07.05.2019 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad in Criminal Case No.70294 of 2018 and to release him on bail during the pendency of the aforementioned Criminal Revision Application.

[3] Mr.Mahitosh Singh, learned advocate for the applicant has submitted that the learned Magistrate has convicted the applicant under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to suffer simple imprisonment for one year and also directed to pay compensation of Rs.2,55,000/- to the complainant, in default, further simple imprisonment for 90 days. He has further submitted that the applicant has already deposited 20% of the cheque amount during the pendency of the appeal, under instructions, in addition to that, the applicant is ready and willing to deposit 20% of the cheque amount before the learned trial Court within a period of 2 months.

[4] Mrs.Krina Calla, learned APP for the respondent - State strongly opposed for grant of suspension of sentence

[5] Heard learned advocate for the applicant and learned APP for the respondent-State.

[6] Heard learned advocates appearing for the respective parties and perused the case papers. Considering the issues raised in

R/CR.RA/446/2021 ORDER DATED: 05/07/2021

the present revision application and statement made by the learned counsel for the applicant, without entering into the merits of this case, this Court is of the considered opinion that present application requires consideration and prayer in terms of bail is allowed. The sentence imposed by the impugned judgment and order dated 07.05.2019 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad in Criminal Case No.70294 of 2018, is hereby suspended pending hearing and final disposal of the Criminal Revision Application subject to deposition of 20% of the cheque amount before the trial Court within a period of two months from his actual release. The applicant shall be released on bail by executing fresh bond of Rs.10,000/- (Rupees Ten Thousand Only) and one surety of like amount to the satisfaction of trial Court on condition that he shall proceed with the Criminal Revision Application, as and when, it may be listed, and he shall surrender his passport, if having, before the learned trial Court and shall not leave India without prior permission of this Court. Rule is made absolute to the aforesaid extent. Direct service is permitted through e-mode.

(ILESH J. VORA,J) Manoj