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Judgment
Nirzar S. Desai, J
By way of this application, the applicant herein has challenged the judgment and order dated 16.10.2018 passed in Criminal Case No.909 of 2015
passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad whereby while convicting the
present applicant for the offences punishable under Section 138 of the Negotiable Instrument Act, a punishment was imposed under Section 255 (2) of
the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, for short) and the applicant was directed to undergo simple imprisonment for a period of one
year and to pay a sum of Rs.3/- Lakhs towards compensation within a period of 60 days and in default of making payment of fine the applicant was
directed to further undergo sentence for further period of 30 days. The said order was confirmed vide judgment dated 06.11.2020 rendered in Criminal
Appeal No.623 of 2018 by the learned Additional Sessions Judge, Court No.28, City Sessions Court, Ahmedabad. These two orders are under
challenge by way of present revision application.
Heard Ms.Sandhya Natani, learned advocate for the applicant and Mr.Dharmesh Devnani, learned Additional Public Prosecutor for the respondent
State.
It is stated by Ms.Natani, learned advocate for the applicant that an amount of Rs.40,000/- has already been deposited by the applicant pending trial
before the trial Court. She has also shown willingness to further deposit an amount of Rs.1,10,000/- which will make total deposit of Rs.1,50,000/-being
50% of the amount which is directed to be paid by the trial Court towards the compensation.
To this preposition, Mr.Devnani, learned APP has insisted for deposit of 100% of the amount as directed by the trial Court as there are concurrent
findings of facts of both the Courts below against the present applicant.
Considering the rival submissions, this Court is of the view that in case if the applicant deposits further amount of Rs.1,10,000/- with the Registry of
this Court, latest by 27.11.2020, both the impugned orders i.e. the judgment and order dated 16.10.2018 passed in Criminal Case No.909 of 2015
passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad and judgment dated 06.11.2020
rendered in Criminal Appeal No.623 of 2018 by the learned Additional Sessions Judge, Court No.28, City Sessions Court, Ahmedabad shall remain
stayed and suspended, on the applicant having furnished fresh bail bond of Rs.10,000/- (Rupees Ten Thousand Only), on the similar terms and
conditions on which the applicant was granted bail by the Sessions Court. In view of this, Notice returnable on 15.12.2020. Respondents are permitted
to be served by learned advocate for the applicant through E-mode and physically as well.