Manish Jhaverilal Thacker vs State Of Gujarat
2021 Latest Caselaw 13573 Guj

     R/CR.RA/629/2021                                ORDER DATED: 07/09/2021



       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
      R/CRIMINAL REVISION APPLICATION NO. 629 of 2021
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                MANISH JHAVERILAL THACKER
                                Versus
                       STATE OF GUJARAT
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Appearance:
MR ANUP S BHAVSAR(10208) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
                           Date : 07/09/2021
                            ORAL ORDER

1. Heard Mr. Jay M. Thakkar, learned advocate for the

petitioner. He has submitted that for return of unpaid cheque of

Rs.1,20,000/-, the petitioner is ordered to undergo simple imprisonment

of 1 year and he is imposed a fine of Rs.3,000/- and in default of payment

of fine, he is further ordered to undergo 1 month simple imprisonment.

He unsuccessfully challenged the judgment of conviction and order of

sentence before the Appellate Court. He has further submitted that

respondent No.2 - original complainant has died pending the appeal

before the Appellate Forum. However, he has shown his willingness to

deposit entire amount of cheque involved in the present case.

2. Therefore, the petitioner is directed to deposit an amount of

Rs.1,20,000/- before this Court within a period of one week from today.

Though it is mentioned that respondent No.2 herein has expired pending

R/CR.RA/629/2021 ORDER DATED: 07/09/2021

the appeal, a notice is issued to him on the address shown so that heirs

and legal representatives of respondent No.2 may appear and continue

with the proceedings, if at all they want. At the same time, the petitioner

is directed to get the names of heirs and legal representatives of

respondent No.2 - original complainant.

3. Hence, RULE returnable on 27th September, 2021. Learned

APP waives service of notice of rule for and on behalf of the respondent -

State. Pending hearing of this revision application, the petitioner is

directed to be released on bail in the sum of Rs.10,000/- (Rupees Ten

Thousand Only) with a surety of like amount on usual terms and

conditions. The Bail Bond shall be executed before the learned Trial

Court. He has fairly submitted that on disposal of his appeal, he has not

surrendered to the custody as the appellate Court has granted him 15 days

time from the date of order to surrender, which is yet not over.

4. The process server may inform the family members of the

respondent No.1 - original complainant about the present proceedings

and get the names and address of the heirs and legal representatives of

respondent No.2 - original complainant herein along with the copy of

death certificate of respondent No.2.

(UMESH A. TRIVEDI, J) Lalji Desai