Gujarat High Court
Rajesh Dindayal Mundra vs State Of Gujarat on 5 November, 2020
Author: A.G.Uraizee
Bench: A.G.Uraizee
R/CR.MA/15234/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 15234 of 2020
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RAJESH DINDAYAL MUNDRA
Versus
STATE OF GUJARAT
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 2
MR HARDIK SONI APP (2) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 05/11/2020
ORAL ORDER
1. Rule. Mr. Soni, learned APP waives service of rule for the respondent-State.
2. The present application is preferred under section 439 read with section 482 of the Code of Criminal Procedure, 1973 for modification of order dated 11.9.2020 passed by the learned 10 th Additional Sessions Judge, Surat in Criminal Misc. Application No.4016 of 2020 by which the applicant is directed to deposit a sum of Rs.50 lakhs on or before 12.10.2020 and the remaining amount of Rs.2 crores in monthly installments of Rs.20 lakhs each from November, 2020.
3. Heard Mr. Virat Popat, learned advocate for the applicant and Mr. Hardik Soni, learned APP for the respondent-State.
4. Mr. Popat submits that because of the prevailing condition export import business of the applicant has come to a standstill. He submits that because of this, the applicant is facing serious financial crunch and is Page 1 of 3 Downloaded on : Sat Nov 07 02:28:30 IST 2020 R/CR.MA/15234/2020 ORDER unable to deposit the amount as directed by the learned trial Judge. He submits that the business is likely to become normal from April, 2021 and, therefore, the condition may be modified, as prayed in the present application. Mr Popat further submits that the applicant will not seek any further extension.
5. Mr. Soni, learned APP has opposed this application. He submits that the applicant has sufficient resources to pay the money, however, the deposit is not made. He submits that the applicant has made an unreasonable prayer in the present application and because of non- payment, the State exchequer is suffering. However, he submits that considering the overall facts, the condition may be modified and reasonable time may be granted to the applicant.
6. Having heard the learned advocates for the parties and having given my thoughtful consideration, I am of the view that because of prevailing pandemic situation, there is overall contraction in the economic activities in the country. Therefore, in the background of prevailing conditions, I am of the opinion that the submission made by Mr, Popat that the applicant is facing financial crunch cannot be doubted. As a matter of fact, the State is concerned with the recovery of GST and when the applicant is assuring that he would start making payment with effect from April 2021 with further prayer for extension of time, I am of the view that the time to make the payment is required to be modified suitably.
7. In view of the above, the present application is partly allowed. Condition No.b of the order dated 11.9.2020 passed by the learned 10 th Additional Sessions Judge, Surat in Criminal Misc. Application No.4016 of 2020 is hereby modified and the applicant is directed to deposit a sum of Rs.50 lakhs on or before 15 th April, 2021 and the rest of the amount of Page 2 of 3 Downloaded on : Sat Nov 07 02:28:30 IST 2020 R/CR.MA/15234/2020 ORDER Rs.2 crores in monthly installments of Rs.20 lakhs each from May 2021 instead of 12.10.2020 and November 2020 respectively.
8. Rule is made absolute to the aforesaid extent. Registry is directed to send a copy of this order to the concerned authority/court via e-mail/fax.
(A.G.URAIZEE, J) NAIR SMITA V./zgs Page 3 of 3 Downloaded on : Sat Nov 07 02:28:30 IST 2020