Gujarat High Court
Balubhai Maldanbhai Narela vs State Of Gujarat on 20 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/876/2024 ORDER DATED: 20/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 876 of 2024
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BALUBHAI MALDANBHAI NARELA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
VIVEK R TRIVEDI(7716) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MR TRUPESH KATHIRIYA, ADDL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 20/06/2024
ORAL ORDER
1. RULE. Learned Additional Public Prosecutor waives
service of notice of Rule on behalf of respondent-State.
2. By way of this petition, the petitioner has challenged an
order dated 02.03.2024 passed in Criminal Appeal No.20
of 2024 by the learned Principal District Judge,
Porbandar below Exh.4, while releasing the petitioner on
regular bail pending hearing of the Criminal Appeal,
wherein the petitioner was directed to pay 20% of the
compensation awarded by the trial Court to the original
complainant or to deposit the same before the appellate
Court within a period of 60 day
NEUTRAL CITATION
R/CR.RA/876/2024 ORDER DATED: 20/06/2024
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3. Learned advocate for the petitioner submits that the
petitioner is original accused in Criminal Case No.262 of
2017 where the trial Court has convicted him by
judgment and order dated 31.01.2024 under Section 138
of the Negotiable Instruments Act with simple
imprisonment of 1 year and directed to pay compensation
of Rs.8,66,000/- which is twice the amount of cheque
within a period of 1 months from the date of judgment,
failing which he has to undergo further sentence of 6
months. Against the said judgment, the applicant has
preferred an appeal before the appellate Court being
Criminal Appeal No.20 of 2024 with an application under
Section 389(1) of the Code of Criminal Procedure for
suspension of sentence at Exh.4. the appellate Court
while admitting the appeal, has passed an order blow
Exh.4 and directed the petitioner to deposit 20% of the
compensation amount within a period of 60 days on
02.03.2024.
3.1 Learned advocate Mr. Trivedi has submitted that 20% of
the compensation amount is against the provisions of
Section 138 of the Negotiable Instruments Act and the
same tantamount to denial of justice since the petitioner
would be unable to pay the amount, since such amount
NEUTRAL CITATION
R/CR.RA/876/2024 ORDER DATED: 20/06/2024
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would be above the capacity of the petitioner. Learned
advocate has submitted that 20% of the cheque amount is
the regular practice.
3.2 In support of his case, learned advocate has relied upon
a decision in case of Jamboo Bhandari vs. Madhya
Pradesh State Industrial Development Corporation Limited
& Ors. reported in 2023 (10) SCC 446, wherein
Honourable Apex Court has observed that normally the
appellate Court will be justified in imposing the condition
of deposit as provided in Section 148. However, in case
where the appellate Court is satisfied that the condition
of deposit of 20% will be unjust or imposing such a
condition will amount to deprivation of the right to
appeal or the appellant, exception can be made for the
reasons specifically recorded. Learned advocate Mr.
Trivedi submitted that the petitioner is ready and willing
to deposit 20% of the cheque amount as that would help
him to pursue the appeal.
4. In view of the observations made in the above referred
judgment in case of Jamboo Bhandari (supra), the order
of the appellate Court to deposit 20% of the
compensation would frustrate the right of the petitioner
to pursue his appeal, which is statutorily granted to the
NEUTRAL CITATION
R/CR.RA/876/2024 ORDER DATED: 20/06/2024
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petitioner. Since the compensation ordered by the trial
court is on higher side, considering the peculiar facts and
circumstances of the case and in view of the preposition
as laiddown by the Honourable Apex Court in the case of
Jamboo Bhandari (supra), the direction issued in the
impugned order dated 02.03.2024 passed by the learned
Principal Sessions Judge, Porbandar in Criminal Appeal
No. 20 of 2024 below Exh.4 stands modified. The
petitioner is directed to deposit 20% of the cheque
amount before the appellate Court and such deposit may
be made within a period of 15 days from the date of
receipt of writ of this order and on deposit of such
amount, petitioner shall be released on bail in accordance
with the order dated 02.03.2024 by the appellate Court
in Criminal Appeal No. 20 of 2024 below Exh.4.
5. With above observations and directions, petition is partly
allowed and disposed of accordingly. Rule is made
absolute to that extent. Direct service is permitted.
(GITA GOPI,J)
DRASHTI K. SHUKLA
