Gujarat High Court
Rajkumar Sundarlal Torani vs State Of Gujarat on 1 November, 2023
Bench: J. C. Doshi
NEUTRAL CITATION
R/SCR.A/14261/2023 ORDER DATED: 01/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 14261 of 2023
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RAJKUMAR SUNDARLAL TORANI
Versus
STATE OF GUJARAT
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Appearance:
MR ARPIT A KAPADIA(3974) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR KM ANTANI, Addl. PUBLIC PROSECUTOR for the Respondent(s) No.
1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 01/11/2023
ORAL ORDER
1. After arguing to some extent, learned advocate Mr. Arpit
Kapadia for the petitioner would seek only indulgence that the
impugned order may be modified to the extent that the petitioner
may be permitted to deposit the compensation amount in
installments.
2. For passing necessary indulgence and order, briefly stated
facts of the case are that Criminal Case No.14455 of 2012 was
filed by the complainant Rameshkumar Laljibhai before the
learned Addl. CJM, Surat for the offence punishable u/s 138 of
the NI Act against present petitioner. After following due
procedure, the issue was taken to its logical end. The learned
Addl. CJM passed an order on 31.8.2023 and convicted the
present petitioner for the offence punishable u/s 138 of the NI
Act and ordered to undergo SI for one year and granted
NEUTRAL CITATION
R/SCR.A/14261/2023 ORDER DATED: 01/11/2023
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compensation twice to the amount of the cheque, which comes
to Rs.12 lakh as the amount of questioned cheque is Rs.6 lakh.
3. Being aggrieved by the judgment of conviction recorded by
the learned Addl. CJM, the petitioner preferred Criminal Appeal
No.727 of 2023 before the learned Session Judge, Surat. An
application was also moved at Exh.4 in the criminal appeal for
suspension of sentence and to enlarge the petitioner on bail
during the pendency of the appeal. The learned 9 th Addl.
Sessions Judge, Surat passed impugned order on 5.10.2023 and
allowed application Exh.4 to suspend the execution and
implementation of the sentence and ordered to release the
present petitioner on regular bail on furnishing personal bond of
Rs.25,000/- with one surety of like amount. While passing such
order, the learned Session Judge has ordered to deposit 20% of
the fine/compensation amount before the Nazir of the Court
under the provisions of section 148 of the NI Act, which comes to
Rs.2,40,000/-.
4. According to learned advocate for the petitioner, the
petitioner has deposited Rs.60,000/- uptil now towrads
compliance of the impugned order.
5. Relying upon the judgment of the Hon'ble Apex Court in
case of Jamboo Bhandari Vs. M.P. State Industrial Development
Corporation Ltd. and others rendered in Criminal Appeal
No.2741 of 2022, it was initially argued that in exceptional
cases, the petitioner is facing with the dire financial situation
and is not in a position to deposit the entire amount of
NEUTRAL CITATION
R/SCR.A/14261/2023 ORDER DATED: 01/11/2023
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compensation as ordered by the learned Session Judge. Learned
advocate Mr. Kapadia then, under the instructions, would
submit that the petitioner shall deposit the amount with an
indulgence that the petitioner may be permitted to deposit the
amount in installments.
6. The above request appears to be genuine and requires to
be granted.
7. Learned APP Mr. KM Antani is not in a position to
controvert this position of facts.
8. For the foregoing reasons, the impugned order is interfered
with to the extent that the petitioner shall deposit remaining
balance amount of Rs.1,80,000/- within next 60 days in four
equal installments from today.
9. With the above observations and directions, present
petition stands disposed of at admission stage. Direct service is
permitted.
10. It is clarified that this Court has not examined the merits
of the matter and the concerned learned Session Judge shall
decide the appeal pending before it in accordance with law and
on merit.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
