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Judgment
7 paragraphs · 385 wordsGita Gopi, J
RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.
By way of this application, the applicant has made a prayer to extend the time period for depositing of amount equivalent to 20% of the cheque amount for 3 months from the date of expiry, i.e. 28.10.2023 of the time period granted by this Court vide order dated 28.07.2023 in Criminal Revision Application No.943 of 2023.
Heard learned Advocate for the applicant Mr. Dhruv Toliya who submitted that this Court by an earlier order dated 28.07.2023 passed in Criminal Revision Application No.943 of 2022 had granted three months time from 28.07.2023 for deposit of 20% of the cheque amount, on the medical ground and considering the ailment of liver cirrhosis of the applicant. It is also submitted that the cost of the treatment is very huge and for a liver transplant, the applicant would require to spend Rs.20,00,000/- in the near future. It is also submitted that the applicant has no source of income, no savings and property. However, the wife and father of the applicant may probably assist the applicant in the liability as laid down by the Court. It is also submitted that this Court may grant further time on the ground of the medical condition so that the applicant may fulfill the conditions as laid down by the Court.
Heard learned Advocate for the applicant and perused the records of the case. Earlier on the medical condition of the applicant, the Court had granted three months time for the applicant to pay 20% of the cheque amount. Laboratory Report/s produced show the liver functioning. Earlier on 22.12.2022, the concerned Gastroplus Digestive Disease Centre Hospital had advised the need for liver transplant. Therefore, considering the submissions canvassed and considering the medical condition of the applicant, an extension for a time period of further one (1) month is granted to the applicant to deposit 20% cheque amount, as per the conditions laid down by the learned Sessions Judge, Ahmedabad in the order dated 25.05.2023 passed in Criminal Appeal No.282 of 2023 passed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad.
The application stands allowed in the aforesaid terms. Rule made absolute.
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