Chhatrabhuj Narsajibhai Purohit vs State Of Gujarat
2023 Latest Caselaw 8415 Guj

Gujarat High Court

Chhatrabhuj Narsajibhai Purohit vs State Of Gujarat on 5 December, 2023

Author: A.Y. Kogje

Bench: A.Y. Kogje

                                                                                        NEUTRAL CITATION




     R/CR.RA/124/2017                                     ORDER DATED: 05/12/2023

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        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
 R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
             SUBORDINATE COURT) NO. 124 of 2017
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                          CHHATRABHUJ NARSAJIBHAI PUROHIT
                                          Versus
                              STATE OF GUJARAT & 1 other(s)
==============================================================================
Appearance:
MR KEVAL R DHOLAKIYA with MR P P MAJMUDAR(5284) for the Applicant(s) No. 1
MR PRADIP J PATEL(5896) for the Respondent(s) No. 2
MR. RAJESH G BAROT(7134) for the Respondent(s) No. 2
MR HARDIK MEHTA, APP for the Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
                   Date : 05/12/2023
                    ORAL ORDER

1. This Revision Application is filed against the judgment and order dated 01.02.2016 by the 11th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.3133 of 2012 (Criminal Case New) No.36865 of 2012 and also the judgment and order dated 01.02.2017 by the 6th Additional Sessions Judge, Vadodara in Criminal Appeal No.43 of 2016.

2. The applicant in this Revision Application before the Court has been convicted for an offence under Section 138 of the Negotiable Instruments Act. However, pending the Revision Application, the applicant original accused has expired. Learned advocate for the applicant places on record the photo copy of the Death Certificate indicating that the applicant has expired on 20.09.2022. Learned advocate submits that pending the appeal as well as Revision Application, the appellant had deposited an amount of

NEUTRAL CITATION

R/CR.RA/124/2017 ORDER DATED: 05/12/2023

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Rs.1,00,000/- (Rupees One Lac Only) against the cheque amount of Rs.2,00,000/- (Rupees Two Lac Only). Learned advocate has today placed a copy of an affidavit of legal heirs of the applicant to the extent that they have no objection if an amount of Rs.1,00,000/- (Rupees One Lac Only) thus deposited pending the appeal/Revision with the Trial Court.

3. In turn, the learned advocate appearing for the complainant states before the Court that the complainant himself is present in the Court and submits that apart from the amount of Rs.1,00,000/- (Rupees One Lac Only) which may be withdrawn by him under the orders of the Court, the complainant will not have any other claim against the applicant and any other claim pertaining to the cheque amount is hereby forgone. Learned advocate states that an affidavit to the aforesaid extent will be filed within a period of one week from today.

4. In view of the aforesaid development, the Revision Application stands disposed of.

(A.Y. KOGJE, J)

Manoj Kumar Rai