Gujarat High Court
Nileshbhai Vishnuprasad Mehta vs State Of Gujarat on 10 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/764/2024 ORDER DATED: 10/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -
NEGOTIABLE INSTRUMENT ACT) NO. 764 of 2024
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NILESHBHAI VISHNUPRASAD MEHTA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ADITYA T PANCHOLI(13067) for the Applicant(s) No. 1
RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS KRINA P CALLA, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 10/06/2024
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of notice of Rule on behalf of respondent -
State.
2. By way of this Application, the challenge is given to
the concurrent findings of conviction and sentence
passed under Section 138 of the Negotiable
Instruments Act, 1881 (hereinafter referred to in short
as 'the N.I. Act').
3. Learned Advocate for the applicant-revisionist submits
that 20% of the amount has already been deposited,
in compliance of the order dated 08.05.2023 passed
NEUTRAL CITATION
R/CR.RA/764/2024 ORDER DATED: 10/06/2024
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by the learned 4th Additional Sessions Judge,
Mahesana in Criminal Appeal No.174 of 2023. It
was, therefore, prayed that the present application
may be allowed and the sentence qua the applicant
herein may be suspended and the applicant be
granted bail.
4. Learned Additional Public Prosecutor prayed that no
discretion may be exercised in favour of the
applicant.
5. Heard learned Advocates on both the sides and
perused the material on record. Taking into
consideration the facts and circumstances of the case
and when 20% of the amount has been deposited
before the Appellate Court and when the revision
application will take its own time to come for final
hearing, the order of sentence requires consideration.
6. Hence, the sentence imposed upon the applicant-
revisionist vide judgment of conviction and sentence
dated 08.04.2023 by the learned 4th Judicial
Magistrate First Class, Mahesana passed in Criminal
NEUTRAL CITATION
R/CR.RA/764/2024 ORDER DATED: 10/06/2024
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Case No.4028 of 2018, which was upheld and
confirmed on 15.04.2023 by the learned 2 nd
Additional Sessions Judge, Mahesana in Criminal
Appeal No.174 of 2023, shall remain suspended
pending hearing and final disposal of the present
Revision Application and the applicant-revisionist
herein is ordered to be released on bail on 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 the applicant-revisionist shall;
[a] pursue this Revision Application;
[b] not take undue advantage of liberty or misuse
liberty;
[c] surrender passport, if any, to the lower court
within a week;
[d] not leave India without prior permission of this
Court;
7. Direct service is permitted. Registry to communicate
this order to the concerned Court/authority by Fax or
Email forthwith.
Sd/-
(GITA GOPI,J)
CAROLINE
