Gujarat High Court
Balubhai Maldanbhai Narela vs State Of Gujarat on 25 June, 2024
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.RA/884/2024 ORDER DATED: 25/06/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION (AGAINST ORDER PASSED BY
SUBORDINATE COURT) NO. 884 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
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 25/06/2024
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.21 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 days.
NEUTRAL CITATION
R/CR.RA/884/2024 ORDER DATED: 25/06/2024
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3. Learned advocate for the petitioner submits that
the petitioner is original accused in Criminal
Case No.263 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 month 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.21 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
NEUTRAL CITATION
R/CR.RA/884/2024 ORDER DATED: 25/06/2024
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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 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 Hon'ble 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
NEUTRAL CITATION
R/CR.RA/884/2024 ORDER DATED: 25/06/2024
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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 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 laid down by the Hon'ble 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.
21 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
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R/CR.RA/884/2024 ORDER DATED: 25/06/2024
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Criminal Appeal No. 21 of 2024 below Exh.4.
5. With above observations and directions, the
petition is partly allowed in the above terms.
Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(GITA GOPI,J)
Maulik
