Mitaben Prabhudas Gohel vs Shailesh Meramanbhai Karavadra
2023 Latest Caselaw 1951 Guj

    R/CR.RA/131/2023                                     ORDER DATED: 28/02/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

         R/CRIMINAL REVISION APPLICATION NO. 131 of 2023

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                       MITABEN PRABHUDAS GOHEL
                                 Versus
                   SHAILESH MERAMANBHAI KARAVADRA
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1
for the Respondent(s) No. 1
MS SHRUTI PATHAK, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 28/02/2023

                                   ORAL ORDER

1. RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent

- State.

2. By way of this Criminal Revision Application, the challenge is given to the order dated 25.01.2023 passed in in Criminal Appeal No.25 of 2018 by the learned Principal District and Session Judge, confirming the judgment and order of sentence passed under Section 138 of the Negotiable Instruments Act by the learned Chief Judicial Magistrate, Porbandar on 13.06.2018 in Criminal Case No.458 of 2016

R/CR.RA/131/2023 ORDER DATED: 28/02/2023

whereby the applicant has been sentenced to undergo six months simple imprisonment and for payment of the cheque amount as a compensation.

3. Learned Premal S. Rachh has produced a copy of the book of receipts of produced before the Nazir and it is submitted that the applicant has deposited a total amount of Rs.53,000/- which is more than 20% of the cheque amount.

4. In the meantime, the judgment and order of sentence passed by the learned Chief Judicial Magistrate, Porbandar on 13.06.2018 in Criminal Case No.458 of 2016 stands suspended on the applicant/revisionist executing a personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that she shall;

[a] pursue this Revision Application; [b] surrender passport, if any, to the lower court within a week;

[c] not leave India without prior permission of this court;

R/CR.RA/131/2023 ORDER DATED: 28/02/2023

5. Over and above regular mode of service, Direct Service is permitted through Speed Post. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

Sd/-

(GITA GOPI, J) CAROLINE