Miteshbhai Pravinbhai Thakkar vs State Of Gujarat
2021 Latest Caselaw 7105 Guj

     R/CR.RA/423/2021                                     ORDER DATED: 28/06/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL REVISION APPLICATION NO. 423 of 2021
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                        MITESHBHAI PRAVINBHAI THAKKAR
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1
 for the Respondent(s) No. 2
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                              Date : 28/06/2021

                                 ORAL ORDER

1. Heard Mr. Abhaykumar Shah, learned counsel for the applicant and Ms. Krina Calla, learned APP for the respondent state.

2. Present Criminal Revision Application under Section 401 read with Section 397 of the Code of Criminal Procedure is directed against the judgment and order of conviction and sentence dated 28.07.2017 passed by Principal Civil Judge & Judicial Magistrate First Class, Bhachau, Kachchh, in Criminal Case No.301/2010 under Section 138 of the Negotiable Instruments Act, 1881, which came to be upheld by the learned Additional Sessions Judge, Bhachau-Kachchh..

3. 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 also directed to pay compensation equivalent to the cheque amount to the complainant and in default of the same, to suffer further simple imprisonment for a period of three months. The lower appellate

R/CR.RA/423/2021 ORDER DATED: 28/06/2021

Court has confirmed the said order.

4. The learned counsel for the applicant, on instructions, submitted that the applicant has complied with the order passed by the learned Sessions Judge and the entire amount has been deposited by the applicant and the parties have settled the dispute amicably.

5. Considering the facts and circumstances of the case and the learned counsel for the applicant has also stated at bar that, the matter is settled amicably between the parties 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 judgment and order of conviction and sentence dated 28.07.2017 passed by Principal Civil Judge & Judicial Magistrate First Class, Bhachau, Kachchh, in Criminal Case No.301/2010, 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. The sentence and order of compensation as directed by the Court below is also hereby suspended till final disposal of present Revision Application.

6. List this Revision Application for final hearing on 08.07.2021.

(ILESH J. VORA,J)

SUCHIT