Gujarat High Court
Atulbhai Narendrabhai Jobanputra vs State Of Gujarat on 22 April, 2021
Author: Gita Gopi
Bench: Gita Gopi
R/CR.RA/205/2021 ORDER
IN THEHIGHCOURTOF GUJARATAT AHMEDABAD
R/CRIMINALREVISIONAPPLICATIONNO. 205 of 2021
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ATULBHAINARENDRABHAIJOBANPUTRA Versus STATEOF GUJARAT ========================================================== Appearance:
MRANKITY BACHANI(5424)for the Applicant(s)No. 1 for the Respondent(s)No. 2 MS MONALIBHATT,ADDL.PUBLICPROSECUTOR(2)for the Respondent(s)No. 1 ========================================================== CORAM: HONOURABLE MS. JUSTICE GITA GOPI Date: 22/04/2021 ORALORDER
1. Rule. Ms.Monali Bhatt, learned Additional Public Prosecutor wavies service of notice of rule on behalf of respondent - State.
2. Learned advocate, Mr.Ankit Bachani appearing for the applicantrevisionist has submitted that the revisionist was convicted by the learned 2nd Additional Chief Judicial Magistrate, Bhuj vide judgment and order dated 30.11.2016 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and was ordered to undergo sentence of simple imprisonment of one year and fine to the extent of Rs.3,75,000/ was ordered and in Page 1 of 6 Downloaded on : Fri Apr 23 21:01:12 IST 2021 R/CR.RA/205/2021 ORDER default of payment of fine the accused was ordered to undergo further simple imprisonment of three months.
2.1 Learned advocate, Mr.Ankit Bachani has submitted that the 2nd Additional Chief Judicial Magistrate, out of the fine amount compensation to the tune of Rs.3,70,000/ had ordered to be paid to the complainant back, if deposited and no appeal was preferred within the period of limitation. 2.2 Learned advocate, Mr.Ankit Bachani has submitted that after the judgment of conviction, the present revisionist had preferred the Criminal Appeal No.38 of 2016 on 29.06.2016 and after hearing both the parties, the appeal of the present revisionist was rejected under Section 374 of the Code of Criminal Procedure on 16.01.2021 and the order of conviction, sentence and compensation was confirmed. 2.3 Aggrieved by the said judgment and order passed in appeal present revision application was filed, and vide order dated 25.03.2021 and in accordance to the direction of this Court, the revisionist has surrendered before the concerned jail authority on 03.04.2021.
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R/CR.RA/205/2021 ORDER 2.4 Learned advocate, Mr.Ankit Bachani referring to the copy of no due certificate dated 08.04.2021 produced on the record, and submitted that the sanctioned hypothication limit was for Rs.3,00,000/ on 01.07.2011 by account No.805052351000306 to M/s.Sahajanand Trading Company, Bhuj. He has further submitted that as per the certificate of the Bhuj Commercial Cooperative Bank Limited, Bhid Bazar, the present revisionist being the proprietor of M/s.Sajanand Trading Company has paid the dues with interest and the account has been closed on 08.04.2021 and there are no dues in the said hypothication account.
2.5 Learned advocate, Mr.Ankit Bachani has submitted that the Criminal Appeal No.38 of 2016 was filed on 29.12.2016, therefore the amended provision of Section 148 A of the Negotiable Instruments Act, 1881 could not be applicable, but when the hypothication limit amount has already been paid with interest and the aggrieved Bank has already closed the account, no further order for depositing the minimum 20% amount of fine or compensation is required to be made. Page 3 of 6 Downloaded on : Fri Apr 23 21:01:12 IST 2021
R/CR.RA/205/2021 ORDER 2.6 Learned advocate, Mr.Ankit Bachani has submitted that the order of sentence is for one year. He has further submitted that the matter was for hypothication loan of Rs.3,00,000/, there were two sureties as per the Banking Law. He has submitted that the applicantrevisionist has a good case to submit with regard to the banking transactions. Taking into consideration the punishment and the time that would be taken for the matter to be listed for final hearing, he prayed for suspension of the order of conviction and sentence.
3. Taking into consideration the fact that the Bank has already issued the no due certificate and the sentence imposed upon the applicantrevisionist and when the revision application will take its own time to come for final hearing, the application requires consideration.
4. Hence, the sentence imposed upon the applicant revisionist vide judgment and order dated 30.11.2016 passed by 2nd Additional Chief Judicial Magistrate, Bhuj in Criminal Appeal No.38 of 2016, shall remain suspended pending hearing and final disposal of the Page 4 of 6 Downloaded on : Fri Apr 23 21:01:12 IST 2021 R/CR.RA/205/2021 ORDER present revision application; and the applicant revisionist herein is ordered to be released on bail on his executing a personal bond of Rs.15,000/ (Rupees Fifteen Thousand only) with one surety of the like amount to the satisfaction of the trial Court and subject to the conditions that he shall; [a] not take undue advantage of liberty or misuse liberty;
[b] surrender passport, if any, to the lower court within a week;
[c] not leave the State of Gujarat without prior permission of the Deputy Superintendent of Police, Kutch;
5. The authorities shall adhere to its own Circular relating to COVID19 and, thereafter, will release the applicantrevisionist only if he is not required in connection with any other offence for the time being. If breach of any of the above conditions is committed, the concerned trial court will be free to issue warrant or take appropriate action in the matter. Bail bond to be executed before the concerned Court.
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R/CR.RA/205/2021 ORDER
6. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(GITAGOPI, J.) M.M.MIRZA Page 6 of 6 Downloaded on : Fri Apr 23 21:01:12 IST 2021