Gujarat High Court
Vijaykumar Santoshkumar Shahu vs The State Of Gujarat on 21 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/310/2021 ORDER DATED: 21/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 310 of 2021
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VIJAYKUMAR SANTOSHKUMAR SHAHU
Versus
THE STATE OF GUJARAT
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Appearance:
MR.BHANUKUMAR B AGRAWAL(10031) for the Applicant
for the Respondent(s) No. 2
MRS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 21/06/2021
ORAL ORDER
1. Notice returnable on 19.07.2021. 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. This 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 02.04.2021
passed by the learned Additional Sessions Judge, City Civil
Court in Criminal Appeal No. 610 of 2018, whereby, the
learned Sessions Judge has confirmed the order of conviction
and sentence dated 04.10.2018 passed by the learned
Additional Chief Metropolitan Magistrate, Ahmedabad in
Criminal Case No. 67606 of 2017 under Section 138 of the
Negotiable Instruments Act, 1881 and dismissed the Appeal.
R/CR.RA/310/2021 ORDER DATED: 21/06/2021
3. The learned advocate appearing for the applicant /
original accused Mr. B.B. Agrawal, 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 ordered to pay
compensation to tune of amount of cheque i.e. 5 Lakhs with
9% from the date of filing of complaint and in default, further
sentence of 1 months. The appellant Court has confirmed the
said order.
4. The learned advocate for the applicant, on instructions,
submitted that 10% of the cheque amount has already been
deposited by the applicant and further, the applicant is ready
and willing to deposit 20% of the cheque amount before the
concerned trial Court within 15 days from the date of his
release and prayed that the applicant may be enlarged on bail.
5. Considering the facts and circumstances of the case and
the fact that the Criminal Revision Application requires
consideration and therefore, pending the present Criminal
Revision Application, the applicant - convict is hereby released
in connection with the order of sentence and conviction passed
on 04.10.2018 by the learned Addl. Chief Metropolitan
Magistrate, Ahmedabad in Criminal Case No. 67606 of 2017,
on usual terms and 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 and also on
a condition that the applicant shall deposit 20% of the cheque
amount before the trial Court within a period of 15 days from
the date of his release. The compensation as directed by the
R/CR.RA/310/2021 ORDER DATED: 21/06/2021
court below is also hereby suspended till final disposal of
present Revision Application.
Direct service through FAX and E-mail is permitted.
(ILESH J. VORA,J)
P.S. JOSHI
