Gujarat High Court
M/S. Decible It Solutiuons Thro ... vs State Of Gujarat on 14 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/372/2021 ORDER DATED: 14/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 372 of 2021
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2021
In
R/CRIMINAL REVISION APPLICATION NO. 372 of 2021
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M/s. DECIBLE IT SOLUTIUONS THRO RADHESH RAVINDRAN NIAR @
RAGESH RAVINDRAN NAIR
Versus
STATE OF GUJARAT
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Appearance:
MR MANISH S SHAH(5859) for the Applicant(s) No. 1,2
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 : 14/06/2021
ORAL ORDER
ORDER IN CRIMINAL REVISION APPLICATION:
Rule. Learned APP waives service of notice of rule for
and on behalf of respondent - State.
The notice of rule be served upon the respondent no.2
through concerned Police Station.
ORDER IN CRIMINAL MISC.APPLICATION (REGULAR BAIL) :
1. Rule. Learned APP waives service of notice of rule for
and on behalf of the respondent-State. Rule is fixed forthwith
2. Present Criminal Revision Application under Section 401
read with Section 397 of the Code of Criminal Procedure is
R/CR.RA/372/2021 ORDER DATED: 14/06/2021
directed against the sentence, judgment and order dated
29.01.2021 passed by the learned 9 th Additional District and
Sessions Judge, Surat in Criminal Appeal No. 374 of 2019,
thereby dismissing the Appeal and affirming the judgment,
order and sentence dated 30.09.2019 passed by the learned
5th Additional Chief Judicial Magistrate, Surat in Criminal Case
No. 18590 of 2017 under Section 138 of the Negotiable
Instruments Act, 1881.
3. The learned advocate appearing for the applicant /
original accused Mr. M.S. Shah submits that the applicant was
on bail during the pendency of the trial and in the pending
Appeal. The learned Magistrate has convicted the
applicant/accused under Section 138 of the N.I. Act and
sentenced him to suffer SI for 1 year and pay fine of
Rs.7,50,000/- and in default, to suffer SI for 6 months. On
realizing the amount of fine, the amount of Rs.7,25,000/- be
paid to the complainant as compensation. The appellant Court
has confirmed the said order.
4. The learned advocate for the applicant, on instructions,
submitted that the applicant is ready and willing to deposit
Rs.50,000/- by way of demand draft before this Court today
itself and he would further deposit Rs.1,50,000/- within a
period of 45 days.
5. Considering the facts stated in the application, the same
is allowed. The applicant - convict is hereby released in
connection with the order of sentence and conviction passed
on 30.07.2019 by the 5th Additional Chief Judicial Magistrate,
Surat in Criminal Case No. 18590 of 2017, on usual terms and
R/CR.RA/372/2021 ORDER DATED: 14/06/2021
conditions and on his furnishing personal bond of Rs.10,000/-
(Rs. Ten Thousand only) with one surety of the like amount to
the satisfaction of the trial Court. The compensation as
directed by the court below is hereby suspended till final
disposal of present Revision Application. The applicant shall
deposit Rs.2,00,000/- (Rs. Two lakhs only) before this Court
within a period of 45 days from today.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
P.S. JOSHI
