Padhiar Mahendrasinh Bharatsinh vs State Of Gujarat
2022 Latest Caselaw 9777 Guj

   R/CR.RA/1046/2022                                      ORDER DATED: 02/12/2022




       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

   R/CRIMINAL REVISION APPLICATION NO. 1046 of 2022

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                 PADHIAR MAHENDRASINH BHARATSINH
                              Versus
                         STATE OF GUJARAT
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Appearance:
MR DV ACHARYA(5616) for the Applicant(s) No. 1
MS. BHAVNA D ACHARYA(6406) for the Applicant(s) No. 1
MR HARSHAD K PATEL(2844) for the Respondent(s) No. 2
MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 02/12/2022

                               ORAL ORDER

Heard Ms. Bhavna D. Acharya, learned advocate for Mr. D.V.Acharya, learned advocate for the petitioner. She has submitted that the client has disclosed his inability to surrender to the custody for the purpose of hearing of this revision application. Petitioner - accused was tried and convicted for an offence under Section 138 of the Negotiable Instruments Act and he was ordered to undergo sentence of 1 year simple imprisonment and further ordered to pay compensation of Rs.3,00,000/-, which is equivalent to the cheque amount.

The said judgment of conviction and order of sentence has also come to be confirmed by the Sessions Court in a Criminal Appeal No.4 of 2021, vide judgment and order dated 31.03.2022. It appears that since that date, despite Sessions Court directed him to surrender to the custody within 15 days

R/CR.RA/1046/2022 ORDER DATED: 02/12/2022

thereof and in default thereof, Trial Court was directed to issue arrest warrant, he is not in custody so far and therefore, this petition is rejected with a liberty to the petitioner to move this Court for reviving after he surrenders to the custody.

Hence, this revision application stands disposed of. The Trial Court is further directed to see that arrest warrant is served to the petitioner and make report to this Court periodically.

(UMESH A. TRIVEDI, J) Lalji Desai