Gujarat High Court
Mahendrakumar Narpatlal Desai vs Adarsh Co.Op. Bank Ltd. ( Earlier ... on 6 July, 2021
Bench: Ilesh J. Vora
R/CR.RA/444/2021 ORDER DATED: 06/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 444 of 2021
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MAHENDRAKUMAR NARPATLAL DESAI
Versus
ADARSH CO.OP. BANK LTD. SIROHI BRANCH THRO ITS RECOVERY
OFFICER KISHORBHAI H. VALAND
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Appearance:
MR PRADIP J PATEL(5896) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MRS.KRINA CALLA APP(2) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 06/07/2021
ORAL ORDER
[1] Draft Amendment is allowed. Amendment be carried out
forthwith.
[2] Notice returnable on 12.08.2021. Learned APP waives
service of notice for and on behalf of respondent - State.
Respondent No.1 is directed to be served through
concerned police station.
[3] By way of prayer-6(B) of this application, the applicant-
original accused is seeking suspension of sentence imposed vide
judgment and order dated 21.06.2021 passed by the learned 4 th
Additional Sessions Judge, Banaskantha at Deesa in Criminal Appeal
No.37 of 2018 confirming the conviction vide order dated
20.04.2018 passed by the learned 2 nd Additional Senior Civil Judge
& Additional Chief Judicial Magistrate, Deesa in Criminal Case
R/CR.RA/444/2021 ORDER DATED: 06/07/2021
No.927 of 2003 and to release him on bail during the pendency of
the aforementioned Criminal Revision Application.
[4] Mr.Pradip Patel, 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 three months and
also directed to pay compensation of Rs.1,50,000/- to the
complainant, in default, further simple imprisonment for one
month. He has further submitted that the applicant had deposited
Rs.10,000/- during the pendency of the appeal, and under
instructions, in addition to that, the applicant is ready and willing
to deposit 40% of the cheque amount before the learned trial Court
within a period of 2 months.
[5] Mrs.Krina Calla, learned APP for the respondent - State
strongly opposed for grant of suspension of sentence
[6] Heard learned advocate for the applicant and learned
APP for the respondent-State.
[7] Heard learned advocates appearing for the respective
parties and perused the case papers. Considering the issues raised in
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
20.04.2018 passed by the learned 2 nd Additional Senior Civil Judge
& Additional Chief Judicial Magistrate, Deesa in Criminal Case
No.927 of 2003, is hereby suspended pending hearing and final
R/CR.RA/444/2021 ORDER DATED: 06/07/2021
disposal of the Criminal Revision Application subject to deposition
of 40% 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. Direct
service is permitted through e-mode.
(ILESH J. VORA,J)
Manoj
