Patel Girishbhai Hargovandas vs State Of Gujarat
2023 Latest Caselaw 6558 Guj

                                                                                   NEUTRAL CITATION




     R/CR.RA/1128/2023                              ORDER DATED: 06/09/2023

                                                                                   undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 1128 of 2023

==========================================================
                         PATEL GIRISHBHAI HARGOVANDAS
                                     Versus
                               STATE OF GUJARAT
==========================================================
Appearance:
MR SALIM M SAIYED(5172) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR LB DABHI, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 06/09/2023

                                 ORAL ORDER

1. RULE. Learned APP Mr. L.B.Dabhi, waives service of notice of

Rule for and on behalf of the respondent-State.

2. The present application is filed by the applicant-convict to

suspend the judgment and order dated 28.07.2022 passed by the

learned 2nd Additional Judicial Magistrate First Class, Vijapur, Dist.

Mehsana, in Criminal Case No.1738/2020, whereby the present

applicant is convicted for the offence under Section 138 of the

Negotiable Instruments Act, 1881, which has been confirmed and

upheld by the learned Addl. Sessions Judge, Mehsana, in Criminal

Appeal No.247/2022 vide judgment and order dated 10.04.2023.

3. Considering the fact that the dispute amongst the applicant

and respondent No.2 has been resolved amicably, this matter is

NEUTRAL CITATION

R/CR.RA/1128/2023 ORDER DATED: 06/09/2023

undefined

taken up for final disposal forthwith.

4. Mr. Aniruddha Suchak, learned counsel appearing for the

complainant states that due to intervention of family and friends,

parties have amicably settled the dispute and the complainant, who

is present in the Court, has filed an affidavit stating the factum of

settlement. The affidavit of complainant is taken on record. The

complainant has categorically stated in the affidavit that the dispute

is resolved between them and he has no objections if present

application is allowed as he has received the cheque amount.

5. Learned advocate for the applicant states that the offence is

pertaining to dishonor of cheque and the applicant has paid the

cheque amount to the complainant. Hence, the issue is amicably

settled between the parties.

6. Per contra, Learned APP has vehemently opposed the

application and submitted that the trial Court has properly

appreciated the evidence produced on record. Therefore, he prays

that the present application be dismissed.

7. Having heard the learned advocates for the respective parties

and considering the fact that the settlement has arrived at between

the parties and as the offence is compoundable under Section 147

of the Negotiable Instruments Act, 1881, present application is

required to be allowed on a condition that the applicant deposits

NEUTRAL CITATION

R/CR.RA/1128/2023 ORDER DATED: 06/09/2023

undefined

10% of the cheque amount.

8. In view of the above, present application is allowed. The

judgment and order dated 28.07.2022 passed by the learned 2 nd

Additional Judicial Magistrate First Class, Vijapur, Dist. Mehsana in

Criminal Case No.1738/2020 as well as judgment and order dated

10.04.2023 passed by learned Addl. Sessions Judge, Mehsana, in

Criminal Appeal No.247/2022 shall stand suspended and the

applicant shall be released on bail by executing a fresh bond of

Rs.10,000/- (Rupees Ten Thousand Only) with one surety of the like

amount to the satisfaction of the trial Court, on the conditions that:-

(a) Applicant shall deposit 10 % of the cheque amount with the

Gujarat State Legal Service Authority within a period of 15 days

from today;

(b) Applicant shall have liberty to adjust the amount already

deposited before the learned trial Court / learned Sessions Court, at

Mehsana;

(c) shall not take undue advantage of liberty or misuse liberty;

(d) shall not leave India without prior permission of this Court.

(e) shall furnish the present address of his residence to the Court

concerned at the time of execution of the bond and shall not change

the residence without the prior permission of this Court.

(f) shall proceed with the Criminal Revision Application as and when

listed and shall not prolong the hearing of the same. Direct service

NEUTRAL CITATION

R/CR.RA/1128/2023 ORDER DATED: 06/09/2023

undefined

is permitted.

8. Learned counsel for the applicant submits that during the

course of the trial proceedings, the applicant has deposited

Rs.1,20,000/- before the Sessions Court on 20.10.2022 under

Section 148 of the N.I.Act, may be ordered to be returned to the

applicant.

9. In view of the above, Nazir Department, Sessions Court,

Mehsana, is directed to return an amount of Rs.1,20,000/- to the

applicant after due and proper verification forthwith.

Direct Service is permitted.

(HASMUKH D. SUTHAR,J) SUCHIT