Dineshbhai Tribhovanbhai Patel vs State Of Gujarat on 10 October, 2019

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Gujarat High Court

Dineshbhai Tribhovanbhai Patel vs State Of Gujarat on 10 October, 2019

Bench: B.N. Karia

        R/CR.RA/1325/2019                                    ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       R/CRIMINAL REVISION APPLICATION NO. 1325 of 2019
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              DINESHBHAI TRIBHOVANBHAI PATEL
                            Versus
                      STATE OF GUJARAT
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Appearance:
MS NANDINI JOSHI(1210) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MONALI BHATT, APP for the Respondent(s) No. 1
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 CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
                    Date : 10/10/2019
                      ORAL ORDER

1. The applicant has challenged the judgment and order dated 07.08.2019 passed by the Additional Sessions Judge, Vadodara in Criminal Appeal No.59 of 2018 confirming the judgment and order dated 17.03.2018 passed by the Additional Chief Judicial Magistrate, Dabhoi in Criminal Case No.2915 of 2015.

2. Heard learned advocate for the applicant.

3. It was submitted by learned advocate for the applicant that the impugned judgments and orders passed by the Courts-below are contrary to the facts and law as the Courts-below have failed to prove the mandatory requirement of Section 138 of the Negotiable Instruments Act, 1881. It is further submitted that it was the duty of the complainant to prove that the cheque was issued towards the legally enforceable debt of the complainant. That the complainant has failed to prove that when the Page 1 of 2 Downloaded on : Sat Oct 12 03:06:22 IST 2019 R/CR.RA/1325/2019 ORDER cheques were drawn, there was an existing enforceable debt or liability of the complainant against the drawer of the cheque. That in an appeal preferred by present applicant i.e. Criminal Appeal No.59 of 2018, the applicant has deposited Rs.40,000/- i.e. 10% amount of the cheque amount. However, the applicant is ready and willing to deposit further amount of Rs.80,000/- before the Additional Chief Judicial Magistrate, Dabhoi, within a period of two weeks from today.

4. Issue requires consideration.

5. Rule, returnable on 21.11.2019. Learned APP waives service of notice of Rule on behalf of the respondent-State.

6. Considering the facts and circumstances of the present case and arguments advanced by learned advocate for the applicant, prayer sought for in Paragraph-7(B) is granted till the next date of hearing with a condition that the applicant shall deposit an amount of Rs.80,000/- before the Additional Chief Judicial Magistrate, Dabhoi, within a period of two weeks from today. On failure of depositing the amount as undertaken by the applicant, the Trial Court shall be free to proceed with in accordance with law.

Direct Service is permitted.

(B.N. KARIA, J) rakesh/ Page 2 of 2 Downloaded on : Sat Oct 12 03:06:22 IST 2019

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