Upendrabhai Mahendra Patel vs State Of Gujarat
2024 Latest Caselaw 621 Guj

Gujarat High Court

Upendrabhai Mahendra Patel vs State Of Gujarat on 23 January, 2024

                                                                                   NEUTRAL CITATION




      R/SCR.A/8202/2018                              ORDER DATED: 23/01/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8202 of 2018

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                          UPENDRABHAI MAHENDRA PATEL
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
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Appearance:
MR DAIFRAZ HAVEWALLA(3982) for the Applicant(s) No. 1
MR RAMNANDAN SINGH(1126) for the Respondent(s) No. 2
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE CHEEKATI
       MANAVENDRANATH ROY

                                 Date : 23/01/2024

                                  ORAL ORDER

1. Heard learned counsel for the petitioner. The petitioner is an accused in Criminal Case No.66286 of 2013 on the file of learned Chief Judicial Magistrate, Vadodara. He was tried for the offence under Section 138 of the Negotiable Instruments Act and he was convicted for the same. Aggrieved thereby, he has preferred Criminal Appeal No.155 of 2018 on the file of learned District and Sessions Judge at Vadodara and sought for bail. While granting bail or suspending execution of sentence imposed upon him, the appellate Court has ordered to deposit 20% of the cheque amount in terms of section 148-A of the Negotiable Instruments Act.

2. Feeling aggrieved by the same, present Special Criminal Application has been filed questioning the legality and validity of the impugned order.

NEUTRAL CITATION

R/SCR.A/8202/2018 ORDER DATED: 23/01/2024

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3. When the present application is taken up for hearing, learned counsel for the petitioner submits that said criminal appeal itself is now disposed of by the appellate Court and, as such, present Special Criminal Application has become infructuous.

4. In that view of the matter nothing survives in this Special Criminal Application for adjudication.

5. Learned counsel for the petitioner has placed on record a copy of the judgment of the appellate Court disposing of said Criminal Appeal. Therefore, recording the submission of the learned counsel for the petitioner, this Special Criminal Application is dismissed as infructuous. Notice is discharged. Interim relief granted earlier stands vacated.

(CHEEKATI MANAVENDRANATH ROY, J) R.S. MALEK