Gujarat High Court
Nitinbhai Narendrabhai Rajguru ... vs State Of Gujarat on 25 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/414/2021 ORDER DATED: 25/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 414 of 2021
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NITINBHAI NARENDRABHAI RAJGURU PROPRIETOR OF SADGURU
COTTON
Versus
STATE OF GUJARAT
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Appearance:
MR RC JANI, ADVOCATE FOR
RC JANI AND ASSOCIATE(6436) 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 : 25/06/2021
ORAL ORDER
1. Mr. Rushi Barot, learned advocate states that he has
instructions to appear for and on behalf of the respondent
no.2-original complainant. He seeks permission to file his
appearance with the Registry. Permission is granted. Registry
shall accept his Vakalatnama on behalf of respondent no.2.
2. Rule. Ms.Krina Calla, learned APP waives service of notice
of rule for and on behalf of respondent-State.
3. 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 17.06.2021
passed by learned Additional Sessions Judge, City Civil Court,
Court No.30, Ahmedabad in Criminal Appeal No.471 of 2019
whereby the learned Sessions Judge has confirmed the order of
conviction and sentence dated 06.05.2019 passed by learned
R/CR.RA/414/2021 ORDER DATED: 25/06/2021
Additional Chief Metropolitan Magistrate, Negotiable
Instruments Act Court No.30, Ahmedabad in Criminal Case
No.38845 of 2017 under Section 138 of the Negotiable
Instruments Act, 1881 and dismissed the appeal.
4. The learned advocate appearing for the
applicants/original accused submits that the learned
Magistrate has convicted the applicants/original accused under
Section 138 of the N.I. Act and sentenced them to suffer SI for
two years and they were ordered to pay the amount of cheque
with simple interest @ 6% till realization of the amount and in
default, further sentence of five months. The appellant Court
has confirmed the said order.
5. Heard Mr. R.C. Jani, learned advocate for the applicants,
Ms. Krina Calla, learned APP for the respondent-State and Mr.
Rushi Barot, learned advocate for the respondent no.2.
6. It is reported that the parties have settled their dispute
and the amount of Rs.13,50,000/- has already been tendered
to the complainant and the respondent no.2-original
complainant has also filed an affidavit to that effect and also
stated that the respondent no.2 has no objection if the present
revision application is allowed, which is ordered to be taken on
record.
7. Considering the facts and circumstances of the case and
in view of the settlement arrived at between the parties, the
Criminal Revision Application requires consideration and
therefore, pending the present Criminal Revision Application,
the applicants are hereby released on bail in connection with
R/CR.RA/414/2021 ORDER DATED: 25/06/2021
the order of sentence and conviction passed on 06.05.2019
passed by learned Additional Chief Metropolitan Magistrate,
Negotiable Instruments Act Court No.30, Ahmedabad in
Criminal Case No.38845 of 2017, on usual terms and
conditions and on their furnishing personal bond of Rs.10,000/-
(Rupees Ten Thousand only) each with one surety of the like
amount to the satisfaction of the trial Court. The sentence and
order of compensation is also hereby suspended till final
disposal of the present Revision Application.
Direct service is permitted through e-mode.
(ILESH J. VORA,J)
TAUSIF SAIYED
