Mahalaxmi Agro Industries Thro ... vs State Of Gujarat
2023 Latest Caselaw 574 Guj

     R/SCR.A/809/2023                            ORDER DATED: 18/01/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/SPECIAL CRIMINAL APPLICATION NO. 809 of 2023
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           MAHALAXMI AGRO INDUSTRIES THRO ITS PARTNER
                             Versus
                       STATE OF GUJARAT
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Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1,2,3,4
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
                  Date : 18/01/2023
                   ORAL ORDER

1. Leave to amend.

2. Rule returnable forthwith. Learned APP waives service of

notice of rule for and on behalf of respondent-State.

3. With the consent of learned counsel appearing for the

respective parties, the matter is taken up for final hearing today.

4. By way of the present application filed under Article 226 of

the Constitution of India read with Section 482 of Cr.P.C., the

applicants pray for quashment of order of non-bailable warrant

dated 27.09.2022 issued by 2 nd Judicial Magistrate First Class,

Mehsana in Criminal Case No.1533 of 2020.

5. The applicants were accused of the said criminal case, filed

under Section 138 of the Negotiable Instruments Act, 1881 by

the complainant-respondent no.2 for dishonour of cheque.

Admittedly, on the day of pronouncement of judgment, the

R/SCR.A/809/2023 ORDER DATED: 18/01/2023

applicants remained absent and accordingly, they were convicted

and ordered to undergo simple imprisonment for 1 year and also

directed to pay Rs.2,89,54,581/- as compensation to the

complainant and in default of payment of compensation amount,

they have to undergo further simple imprisonment of 1 month.

6. Heard learned advocates for the respective parties.

7. Having heard learned counsel appearing for the respective

parties, this Court is of the view that, the issue involved in the

present application is squarely covered by the decision of

Coordinate Bench dated 22.02.2017 delivered in case of

Ishwarbhai Hirabhai Chunara vs. State of Gujarat & Anr. (Special

Criminal Application No.9112 of 2016) and therefore, without

much discussion, the applicants are directed to appear before

the Trial Court concerned and permitted to file an application

under Section 389(3) of the Cr.P.C. In the event of filing such

application, the Court concerned shall pass appropriate orders

in accordance with law within a period of 10 days from the date

of receipt of this order. The Non-Bailable Warrant is converted

into Bailable Warrant for a sum of Rs.10,000/- (Rupees Ten

Thousand only) and the applicants shall furnish a bail bond of

Rs.10,000/-.

      R/SCR.A/809/2023                            ORDER DATED: 18/01/2023




8.       The present application stands     disposed          of     in the

aforesaid terms accordingly. Rule is made absolute to the

aforesaid extent. Direct service is permitted.

(ILESH J. VORA,J) Rakesh