Sushilaben Hargovandas Rathod vs State Of Gujarat
2021 Latest Caselaw 17148 Guj

     R/CR.RA/1178/2019                                   ORDER DATED: 12/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1178 of 2019

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                     SUSHILABEN HARGOVANDAS RATHOD
                                  Versus
                            STATE OF GUJARAT
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Appearance:
HCLS COMMITTEE(4998) for the Applicant(s) No. 1
MS. SHIVANGI M RANA(7053) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS JHIRGA JHAVERI, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE HEMANT M.
       PRACHCHHAK

                               Date : 12/11/2021

                                 ORAL ORDER

1. Rule returnable on 25.11.2021. Ms.Jhirga Jhaveri, learned APP waives service of Rule for and on behalf of respondent no.1- State.

2. The applicant has challenged the judgment and order dated 06.08.2018 passed by the learned Additional Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No.886 of 2016, whereby the applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and a compensation of the cheque amount is awarded in favour of respondent no.2 as well as judgment and order dated 26.08.2019 passed by the learned City Civil and Sessions Court, Ahmedabad in Criminal Appeal No.505 of 2018 confirming the aforesaid award of conviction and sentence.

R/CR.RA/1178/2019 ORDER DATED: 12/11/2021

3. Heard learned advocates for the respective parties.

4. It was submitted by learned advocate for the applicant that the impugned judgment and orders passed by the learned Courts-below are contrary to the evidence on record. It s further submitted that in fact, no offence was committed by the applicant under Section 138 of the N.I. Act. However, the learned Court-below, in absence of any material in support of any evidence made by the complainant, wrongly convicted the present applicant. It is further submitted that the applicant has deposited Rs.90,000/- before the learned Trial Court. Now, the applicant is ready and willing to deposit the additional amount of Rs.2,00,000/- before the Registry of this Court within a period of 15 days from the date of her release.

5. Issue requires consideration.

6. Considering the facts and circumstances of the present case and arguments advanced by learned advocate for the applicant, prayer sought for in Paragraph-15(B) is granted with a condition that the applicant shall deposit an amount of Rs.2,00,000/- before the Registry of this Court within 15 (fifteen) days from the date of her release. The applicant is directed to be released on bail on her executing the personal bond of Rs.10,000/- (Rupees Ten Thousand only) and one surety of like amount to the satisfaction of trial Court till hearing and final disposal of this Revision Application with a condition that she shall proceed with the Revision Application as and when it may be listed, and she shall surrender her passport, if having, before the learned Trial

R/CR.RA/1178/2019 ORDER DATED: 12/11/2021

Court and shall not leave India without prior permission of this Court. The applicant shall file an undertaking before the Registry of this Court to the effect remaining amount shall be deposited before this Court within a reasonable period of time.

Direct Service is permitted.

(HEMANT M. PRACHCHHAK,J) GIRISH