Gujarat High Court
Rajput Vijaysinh Natwarsinh vs State Of Gujarat on 9 June, 2025
NEUTRAL CITATION
R/SCR.A/3972/2025 ORDER DATED: 09/06/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3972 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3980 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3981 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3983 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3992 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 3999 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4002 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4003 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4006 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4008 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4010 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4022 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4029 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4030 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4057 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 4065 of 2025
With
R/SPECIAL CRIMINAL APPLICATION NO. 7100 of 2025
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RAJPUT VIJAYSINH NATWARSINH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS ALPA J DAVE(3924) for the Applicant(s) No. 1
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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Uploaded by MR. AJAY C MENON(HC00939) on Mon Jun 09 2025 Downloaded on : Mon Jun 09 22:03:04 IST 2025
NEUTRAL CITATION
R/SCR.A/3972/2025 ORDER DATED: 09/06/2025
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 09/06/2025
COMMON ORAL ORDER
RULE. Learned APP waives service of notice of Rule for and
on behalf of the respondent - State of Gujarat.
[1.0] By way of present batch of petitions, the petitioner has
assailed the order/s passed below purshis filed by the present
petitioner - accused in pending Criminal Appeal by the learned
4th Additional Sessions Judge, Visnagar.
[2.0] The learned Additional Chief Judicial Magistrate, Unjha
convicted the present petitioner - accused in Criminal Case filed
under section 138 of the Negotiable Instruments Act, 1881 (for
short "NI Act") and has been pleased to convict the present
petitioner - accused and sentenced to undergo simple
imprisonment for a period of six months and also directed the
petitioner - accused to make payment of cheque amount with
9% interest till date of payment towards compensation failing
which further simple imprisonment of six months has been
imposed.
[2.1] Being aggrieved with the said conviction, the petitioner
filed Criminal Appeal before the learned 4 th Additional Sessions
Judge, Visnagar alongwith application under Section 389(1) of
the CrPC for suspension of order of conviction and sentence and
the learned 4th Additional Sessions Judge, Visnagar has been
pleased to suspend the judgment and order of conviction and
sentence by imposing condition upon the petitioner to deposit
NEUTRAL CITATION
R/SCR.A/3972/2025 ORDER DATED: 09/06/2025
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20% of the cheque amount within a period of 30 days. The said
cheque amount came to be deposited by the petitioner with the
learned appellate Court.
[2.2] After deposit of 20% of the cheque amount by the
petitioner - accused, the original complainant - respondent No.2
herein filed a purshis seeking permission to withdraw the said
20% of the cheque amount deposited by the petitioner - accused
in respective criminal appeals, which purshis / request has been
accepted by the learned 4th Additional Sessions Judge subject to
condition that if the petitioner - accused succeeds in criminal
appeals then the respondent No.2 herein - original complainant
shall have to repay the said 20% amount alongwith existing FD
rate of interest.
[2.3] By way of present batch of petitions, the petitioner -
accused has challenged the said order.
[3.0] Perusing the grievance of the petitioner and the nature of
order under challenge, prima facie, it appears that under Section
143(a) of the NI Act, impugned order is passed and even
otherwise, under Section 148(3) of the NI Act, which reads as
under, appellate Court has power to pass such order:
"148(3). The Appellate Court may direct the release of
the amount deposited by the appellant to the complainant at
any time during the pendency of the appeal:
Provided that if the appellant is acquitted, the Court
shall direct the complainant to repay to the appellant the
amount so released, with interest at the bank rate as
published by the Reserve Bank of India, prevalent at the
beginning of the relevant financial year, within sixty days
from the date of the order, or within such further period not
NEUTRAL CITATION
R/SCR.A/3972/2025 ORDER DATED: 09/06/2025
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exceeding thirty days as may be directed by the Court on
sufficient cause being shown by the complainant.]"
Hence, prima facie, this Court is of the considered view that
there is no any perversity and illegality in the impugned order
and no cause exists to interfere with the same in exercise of
powers under Articles 226/227 of the Constitution of India.
[4.0] In view of the above, no case is made out to entertain the
present petitions as this Court is of the considered view that
present litigation has been filed only with a view to protract the
proceeding of criminal appeals. Hence, present petitions are
dismissed in limine. Rule is hereby discharged in each of the
petitions.
(HASMUKH D. SUTHAR, J.)
Ajay
