Gujarat High Court
Tikeshkumar Chandralal Ratwani ... vs Shankarlal Bherumal Sevani ... on 28 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/416/2021 ORDER DATED: 28/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 416 of 2021
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TIKESHKUMAR CHANDRALAL RATWANI PROPRIETOR OF KASHVI
FASHION
Versus
SHANKARLAL BHERUMAL SEVANI PROPRIETOR OF MONIKA
CREATION
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Appearance:
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1
for the Respondent(s) No. 1
PUBLIC PROSECUTOR(2) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 28/06/2021
ORAL ORDER
1. Heard Mr.R.J.Goswami, learned advocate for the applicant
and Ms.Krina Calla, learned APP for the respondent-State.
2. Notice, returnable on 26.07.2021. Ms. Krina Calla,
learned APP waives service of notice for and on behalf of the
respondent-State.
3. By way of prayer 11 C of this application, the applicant-
original accused is seeking suspension of sentence imposed by
the judgment and order dated 15.07.2019 passed in Criminal
Case No.1614 of 2014 by learned Additional Chief Metropolitan
Magistrate, Negotiable Instruments Act, Court No.35,
Ahmedabad and to release him on bail during the pendency of
the aforementioned Criminal Revision Application.
4. Mr. Goswami, learned advocate for the applicant submitted
that the learned Magistrate has convicted the applicant under
Section 138 of the Negotiable Instruments Act, 1881 and
sentenced him to suffer simple imprisonment as per the
R/CR.RA/416/2021 ORDER DATED: 28/06/2021
impugned judgment and order.
5. Mr.Goswami, learned counsel for the applicant has stated
that, the applicant had faced four criminal cases filed under the
provisions of the Negotiable Instruments Act and during
pendency of the appeal, total amount of Rs.1,82,700/- had been
deposited. Learned advocate has placed on record the details of
the amount deposited in different cases, which is taken on
record.
6. Learned APP Ms.Krina Calla strongly opposed for grant of
bail pending the revision application.
7. Having heard learned advocates appearing for the
respective parties and having gone through the materials
available on record as well as perused the impugned judgment,
this Court is of the considered opinion that pending the hearing
and final disposal of the Criminal Revision Application, the
applicant - convict is hereby released in connection with the
judgment and order dated 15.07.2019 passed in Criminal Case
No.1614 of 2014 by learned Additional Chief Metropolitan
Magistrate, Negotiable Instruments Act, Court No.35,
Ahmedabad, 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
(ILESH J. VORA,J)
SUCHIT
