Ashit Kirtibhai Shah vs State Of Gujarat
2021 Latest Caselaw 7969 Guj

     R/CR.RA/448/2021                                       ORDER DATED: 07/07/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 448 of 2021

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                           ASHIT KIRTIBHAI SHAH
                                   Versus
                            STATE OF GUJARAT
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Appearance:
MS DIMPLE A THAKER(6838) 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 : 07/07/2021

                                  ORAL ORDER

1. Present Criminal Revision Application under Section 401 read with Section 397 of the Code of Criminal Procedure is directed against the judgment and order dated 25.06.2021 passed by learned 2 nd Additional Sessions Judge, Mehsana, in Criminal Appeal No. 73/2020 below Exh:12, thereby, dismissing the Appeal and affirming the judgment and order of conviction and sentence dated 21.01.2020 passed by learned 6th Additional Chief Judicial Magistrate, Mehsana, in Criminal Case No. 2757/2018 under Section 138 of the Negotiable Instruments Act, 1881.

2. Ms. Dimple Thaker, learned counsel for the applicant, on instructions, submits that, the applicant is ready and willing to deposit 75 % of the cheque amount. She further submits that, Rs.1,36,000/- had already been deposited during the course of proceedings and will further deposit Rs.1,00,000/- within two days. Thereafter, remaining amount will be deposited within one month.

3. Considering the issue raised in the revision, the same requires consideration. Therefore, let Notice be issued, returnable on 09.08.2021. Learned APP waives service of notice for and on behalf of

R/CR.RA/448/2021 ORDER DATED: 07/07/2021

respondent - State. Private respondent/s be served through the concerned police station. Meanwhile, the impugned order of conviction and sentence dated 21.01.2020 passed by learned 6 th Additional Chief Judicial Magistrate, Mehsana, in Criminal Case No. 2757/2018 and confirmed by judgment and order dated 25.06.2021 passed by learned 2nd Additional Sessions Judge, Mehsana, in Criminal Appeal No. 73/2020 is hereby stayed till final disposal of the Revision.

4. It is clarified that, if the applicant is failed to deposit the amount of 75 % of the cheque amount, stay granted by this Court would stand vacated automatically and the trial Court may proceed further for execution of the sentence.

(ILESH J. VORA,J)

SUCHIT