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Judgment
Ilesh J. Vora, J
Order in Criminal Revision Application No.428 of 2021
Notice returnable on 05.08.2021 . Learned APP waives service of notice for and on behalf of the respondent-State. The notice be served upon
respondent no.2 through concerned Police Station.
Order in Criminal Misc. Application No.1 of 2021 in Criminal Revision Application No.428 of 2021
Rule. Ms.Krina Calla, learned APP waives service of notice of rule for and on behalf of respondentâ€"State.
The present application is preferred against the sentence, judgment and order dated 31.05.2021 passed by learned Additional Sessions Judge, City
Sessions Court, Ahmedabad in Criminal Appeal No.430 of 2019, thereby dismissing the appeal and affirming the judgment, order and sentence dated
07.05.2019 passed by learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad in Criminal Case
No.70295 of 2018 under Section 138 of the Negotiable Instruments Act, 1881 and dismissed the appeal.
The learned advocate appearing for the applicant/original accused submits that the learned Magistrate has convicted the applicant/original accused
under Section 138 of the N.I. Act and sentenced him to suffer SI for one year and he was ordered to pay the amount of Rs.2,55,000/- as
compensation to the complainant within a period of 60 days and in default, further sentence of ninety days. The appellant Court has confirmed the said
order.
The learned advocate for the applicant, on instructions, submitted that 20% of the cheque amount has already been deposited by the applicant and
further, the applicant is ready and willing to deposit 15% of the cheque amount before the concerned trial Court within a period of two months from
the date of his release and prayed that the applicant may be enlarged on bail.
Heard Mr. Mahitosh Singh, learned advocate for the applicant and Ms. Krina Calla, learned APP for the respondent-State.
Considering the facts and circumstances of the case and the material available on record, the present application requires consideration and the
same is hereby allowed. The applicant is hereby released on bail in connection with the order of sentence and conviction passed on 07.05.2019 passed
by learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad in Criminal Case No.70295 of 2018
subject to deposition of 15% of the cheque amount before the concerned trial Court within a period of two months from the date of his release and
also on usual terms and conditions and on his furnishing personal bond of Rs.10,000/- (Rupees Ten Thousand only) with one surety of the like amount
to the satisfaction of the trial Court. The sentence and order of compensation is also hereby suspended till final disposal of the Revision Application.
Rule is made absolute to the aforesaid extent.
Direct service through FAX and E-mail is permitted.