Gujarat High Court
Patel Prahladbhai Bajidash vs State Of Gujarat on 11 January, 2022
Bench: B.N. Karia
R/CR.RA/341/2021 ORDER DATED: 11/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 341 of 2021
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PATEL PRAHLADBHAI BAJIDASH
Versus
STATE OF GUJARAT
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Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1
MR.DARSHAN A. DAVE(7921) for the Respondent(s) No. 2
MS. M.H. BHATT, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 11/01/2022
ORAL ORDER
1. By way of present application, applicant has prayed for
following reliefs:
(A) YOUR LORDSHIPS may be pleased to admit and
allow this application.
(B) YOUR LORDSHIPS may be pleased to call the record
of the Criminal Appeal No.248 of 2019 from the Court of Ld.
5th Additional Sessions Judge, Mehsana and also call for
record of the Criminal Case no 1211 of 2018 from the court of
Ld. J.M.F.C., Vijapur.
(C) YOUR LORDSHIPS may be pleased to quash and set
aside the order dated 1/04/2021 passed by the learned 5 th
Additional Sessions Judge, Mehsana in Criminal Appeal
No.248 of 2019 and your lordship may be please to quash and
set aside the Judgment and order of conviction passed by Ld
Judicial magistrate first class, Vijapur in Criminal case no
1211 of 2018 and further be pleased to remand back the case
to 5th additional session judge, Mehsana.
(D) Pending hearing and final disposal of this application
YOUR LORDSHIPS may be pleased to suspend the conviction
& sentence passed by the order dated 1/04/2021 passed by the
Ld 5th Additional Session Judge, Mehsana in Criminal Appeal
No. 248 of 2019 and the Judgment and order of conviction
passed by the Ld Judicial magistrate first class, Vijapur in
R/CR.RA/341/2021 ORDER DATED: 11/01/2022
Criminal Case no 1211 of 2018 and be further pleased to
release the applicant on regular bail.
(E) Peding hearing and final disposal of this application,
YOUR LORDSHIPS may be pleased to stay the order dated
1/04/2021 passed by Ld 5th Additional Session Judge, Mehsana
in Criminal Appeal No. 248 of 2019 and the Judgment and
order of conviction passed by the Ld Judicial magistrate first
class, Vijapur in Criminal case no 1211 of 2018
(F) Any other and further order/s may be pleased under
the facts and circumstances of this case.
2. When the matter was called out, learned advocate for the
applicant was not present to assist the Court through video
conferencing.
3. Heard learned advocate for the respondent No.2 and learned
APP for the respondent-State.
4. Learned advocate appearing for the respondent No.2 has
submitted that Criminal Appeal No.248 of 2019 preferred by the
present applicant was dismissed by learned 5th Additional Sessions
Judge, Mehsana vide order dated 01.04.2021 on account of non-
complaince of the order passed below Exh. 5 on 05.11.2019 to
deposit 20% of the cheque amount. It is further submitted that order
was not complied with by the present applicant, and therefore, his
appeal was dismissed without entering into the merits of the case.
That the matter may not be remanded as prayed for by the applicant
as he has not obeyed the order passed by the trial court till the appeal
R/CR.RA/341/2021 ORDER DATED: 11/01/2022
was filed and he has no merits in this case. Hence, it is requested by
learned advocate for the respondent No.2 to dismiss this revision
application.
5. Learned APP appearing for the respondent-State has also
supported the submissions made by learned advocate for the
respondent No.2 and submitted that applicant has not complied with
the order passed by the trial court as well as by the Appellate Court,
and therefore, learned first Appellate Court has rightly rejected his
appeal vide order dated 01.04.2021. Hence, it is requested by learned
APP appearing for the respondent-State to dismiss the present
application.
6. Having heard learned advocate for the respondent No.2 and
learned APP for the respondent-State and having considered the
averments of revision application and order under challenge, it
appears that applicant was convicted by learned J.M.F.C., Vijapur,
vide judgment and order dated 07.10.2019, under Section 138 of the
Negotiable Instrument Act, 1881 for dishonor of cheque bearing
No.092732 of Bank of India, Vijapur Branch dated 04.10.2018 of
Rs. 2,00,000/- only issued by him. He was further directed to pay
compensation amount of Rs.2,00,000/-. Being aggrieved by and
R/CR.RA/341/2021 ORDER DATED: 11/01/2022
dissatisfied with the judgment and order dated of conviction,
applicant filed an Appeal i.e. Criminal Appeal No.248 of 2019
before the learned Sessions Court at Mehsana. Vide order dated
01.04.2021, appeal preferred by the appellant was dismissed on the
ground of not complying the condition of the bail without entering
into merits of the case. Hence, this revision application is preferred
challenging the impugned order passed by learned 5 th Additional
Sessions Judge, Mehsana.
7. It further appears that this Court was pleased to permit the
applicant to deposit an amount of Rs.40,000/- before the Appellate
Court within a period of one week on 09.06.2021. Receipt is
produced on record showing that Rs.40,000/- is deposited by the
present applicant before the trial Court on 14.06.2021. Order dated
09.06.2021 is complied with by the present applicant as appeared
from the record. Indisputedly, Criminal Appeal No.248 of 2019 was
dismissed on account of non compliance of the order passed by the
trial court in respect of bail granted to the applicant. No merits were
discussed or decided by the first Appellate Court. However, 20% of
the cheque amount was not deposited by the applicant and later on it
is deposited on 14.06.2021, this Court is of the considered view that
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opportunity of hearing must be given to the applicant by the first
Appellate Court and Criminal Appeal preferred by the present
applicant would require to be decided on its own merits as various
grounds are raised by him in his appeal.
8. Considering the peculiar facts of the case, as 20% of the
cheque amount is deposited by the present applicant, impugned
order dated 01.04.2021 passed by learned 5 th Additional Sessions
Judge, Mehsana in Criminal Appeal no.248 of 2019 shall be quashed
and set aside and matter shall be remanded back to learned Sessions
Court, Mehsana for fresh decision.
9. Learned Sessions Judge, Mehsana shall decide the criminal
appeal of the present applicant within a period of six months from
the date of receipt of this order.
10. Till final disposal of the appeal preferred by the present
applicant before the learned Sessions Court, Mehsana, order passed
in Criminal Case No.1211 of 2018 by learned Judicial Magistrate
First Class, Vijapur shall be suspended. Notice stands discharged.
(B.N. KARIA, J)
SUYASH
