Gujarat High Court
Dhirubhai Bhupatrai Andhariya vs State Of Gujarat on 29 June, 2021
Bench: Ilesh J. Vora
R/CR.RA/329/2021 ORDER DATED: 29/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 329 of 2021
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DHIRUBHAI BHUPATRAI ANDHARIYA
Versus
STATE OF GUJARAT
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Appearance:
MR BHARGAV P DANGAR(10685) for the Applicant(s) No. 1
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 : 29/06/2021
ORAL ORDER
1. Notice returnable on 02.08.2021. 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 17.03.2021
passed by the learned Sessions Judge, Bhavnagar in Criminal
Appeal No. 124 of 2016, whereby, the learned Sessions Judge
has confirmed the order of conviction and sentence dated
01.12.2016 passed by the learned 9 th Additional Chief Judicial
Magistrate, Bhavnagar in Criminal Case No. 7297 of 2011
under Section 138 of the Negotiable Instruments Act, 1881 and
dismissed the Appeal.
3. The learned advocate appearing for the applicant /
original accused Mr. B.P. Dangar, submits that the applicant
was on bail during the pendency of the trial and in the pending
R/CR.RA/329/2021 ORDER DATED: 29/06/2021
Appeal. The learned Magistrate has convicted the
applicant/accused under Section 138 of the N.I. Act and
sentenced him to suffer SI for 6 months and ordered to pay
fine of Rs.5000/- and in default, further sentence of 2 months.
The appellant Court has confirmed the said order.
4. The learned advocate for the applicant, on instructions,
submitted that the applicant is ready and willing to deposit
20% of the cheque amount before the concerned trial Court
within one month 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 01.12.2016 by the learned 9th Addl. Chief Judicial
Magistrate, Bhavnagar in Criminal Case No. 7297 of 2011, 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 one month
from the date of his release. The sentence and order of
compensation 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
