Yogeshkumar Jethabhai Pandya vs State Of Gujarat
2021 Latest Caselaw 14949 Guj

     R/SCR.A/8630/2021                              ORDER DATED: 23/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 8630 of 2021

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                         YOGESHKUMAR JETHABHAI PANDYA
                                     Versus
                               STATE OF GUJARAT
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Appearance:
KRUPABEN S LIMBACHIYA(7851) for the Applicant(s) No. 1
MR VASUDEV S LIMBACHIYA(11629) for the Applicant(s) No. 1
MR.CHIRAG B UPADHYAY(6735) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MA SHRUTI PATHAK, APP (2) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                Date : 23/09/2021

                                 ORAL ORDER

1. Heard Mr. Limbachiya for Mr. C.B.Upadhyay, learned counsel for the petitioner.

2. The petitioner was convicted by the Magistrate, Umreth, Dist. Anand, in Criminal Case No.102/2019, against which, the petitioner preferred an appeal before Sessions Court, Anand, which is still pending. It further appears that, the Sessions Court while admitting the appeal, suspended the judgment and order of conviction and sentence subject to deposition of 20 % amount within a period of 30 days vide order dated 02.01.2020. The Sessions Court vide order dated 02.03.2020 passed below Exh:4 set aside the order of conviction and sentence mainly on the ground that the petitioner failed to deposit 20 % of the cheque amount as directed.

3. Relying on the statutory provisions of Section 148(2) of the N.I.Act, he submits that, the petitioner is entitled for 60 days and thereafter, it is the discretion of the Court to extend further 30 days if reason exists.

R/SCR.A/8630/2021 ORDER DATED: 23/09/2021

4. Bare perusal of the order dated 02.03.2020 passed in Criminal Appeal No.436/2019, it clearly transpires that the trial Court has not properly interpreted the provisions of Section 148 (2) of the N.I.Act. It is also not in dispute that the petitioner has not applied before the court for further extension as provided under Section 148 (2) of the Act.

5. Under such circumstance, without entering into the merits of the case, impugned order dated 02.03.2020 passed by Sessions Court is hereby quashed and set aside. The petitioner is at liberty to apply before the Sessions Court under Section 148 (2) of the Act. In that event, the Court shall decide the same in accordance with law. The petitioner is behind the bar as warrant has been executed by the lower Court. Sessions Court shall also look into the provisions of Section 389 of the Cr.P.C so far suspension of sentence is concerned.

6. With the above observations and direction, present petition stands disposed of. It is clarified that this Court has not examined the matter on merits.

Direct Service is permitted.

(ILESH J. VORA,J)

SUCHIT