Gujarat High Court
Indudevi Sidhswaroop Mundra vs State Of Gujarat on 15 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/390/2021 ORDER DATED: 15/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 390 of 2021
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INDUDEVI SIDHSWAROOP MUNDRA
Versus
STATE OF GUJARAT
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Appearance:
MR NR KODEKAR(5020) for the Applicant(s) No. 1
MR ROMIL L KODEKAR(5127) 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 : 15/06/2021
ORAL ORDER
1. Notice returnable on 12.07.2021. Learned APP waives
service of notice for and on behalf of respondent - State. The
notice be served upon the respondent no.2 through concerned
Police Station.
2. Present Criminal Revision Application under Section 401
read with Section 397 of the Code of Criminal Procedure is
directed against the sentence, judgment and order dated
30.04.2021 passed by the learned 17 th Additional Sessions
Judge, Surat in Criminal Appeal No. 119 of 2018, thereby
dismissing the Appeal and affirming the judgment, order and
sentence dated 11.04.2018 passed by the learned Additional
Chief Judicial Magistrate, Surat in Criminal Case No. 15555 of
2014 under Section 138 of the Negotiable Instruments Act,
1881.
R/CR.RA/390/2021 ORDER DATED: 15/06/2021
3. The learned advocate appearing for the applicant /
original accused Mr. N.R. Kodekar 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 directed to
compensate the respondent no.2 with the cheque amount i.e.
1,02,450/-. The appellant Court has confirmed the said order.
4. The learned advocate for the applicant, on instructions,
submitted that the applicant has complied with the order
passed by the learned Sessions Judge, so far deposition of the
amount is concerned, however, the learned advocate submits
that the applicant may be enlarged on bail subject to
deposition of the amount whatever deem fit by the Court.
5. Considering the facts and circumstances of the case and
as the applicant has complied with the order of learned
Sessions Judge, pending the Revision Application, the applicant
- convict is hereby released in connection with the order of
sentence and conviction passed on 30.04.2012 by the learned
Additional Chief Judicial Magistrate, Surat in Criminal Case No.
15555 of 2014, on usual terms and conditions and on her
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 and also on a condition that the applicant shall
deposit an amount of Rs.10,000/- i.e. 10% of the cheque
amount before the trial Court within a period of 1 month from
today. The compensation as directed by the court below is also
hereby suspended till final disposal of present Revision
Application.
R/CR.RA/390/2021 ORDER DATED: 15/06/2021
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
P.S. JOSHI
