Gujarat High Court
Karan Alloyas Steel Causting Thro ... vs State Of Gujarat on 24 December, 2019
Author: B.N. Karia
Bench: B.N. Karia
R/CR.RA/1706/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 1706 of 2019
With
CRIMINAL MISC.APPLICATION (REGULAR BAIL) NO. 1 of 2019
In R/CRIMINAL REVISION APPLICATION NO. 1706 of 2019
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KARAN ALLOYAS STEEL CAUSTING THRO RAMMURAT B. PAL
Versus
STATE OF GUJARAT
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Appearance:
MR DR RAY(6148) for the Applicant(s) No. 1
MR MA SAIYAD(5598) for the Applicant(s) No. 1
for the Respondent(s) No. 2
MS MH BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE B.N. KARIA
Date : 24/12/2019
ORAL ORDER
ORDER IN CRIMINAL REVISION APPLICATION:
The applicant has challenged the judgment and order dated 03.01.2019 passed by learned Additional Chief Metropolitan Magistrate, Court No. 37, Ahmedabad in Criminal Case No. 3800422/2015 and judgment and order dated 29.11.2019 passed by the 3rd Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad in Criminal Appeal No. 53 of 2019.
Heard learned advocate for the applicant. Page 1 of 4 Downloaded on : Thu Dec 26 21:15:07 IST 2019
R/CR.RA/1706/2019 ORDER It was submitted by learned advocate for the applicant that the trial Court has materially erred in holding that the respondent no.2 in present case is not bound to prove existence of his debt as presumption under Section 118 and 139 of the NI Act. That, both the courts below have failed to appreciate that at the time of giving the cheque as per the complaint of the prosecution, cheque in question has not been given to discharge in whole or in part of any debt or liability. That, it cannot be assumed that said cheque was given for the existing liability. That, the signature of the applicant on acknowledgment of the registered A.D of the notice is not proved by the original complainant during the trial.
Issue requires consideration.
Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
Interim relief sought for in para 8(C) stands granted. The sentence imposed upon the applicant vide order dated 03.01.2019 in Criminal Case No. 3900422/2015 by learned Additional Chief Metropolitan Magistrate, Court No.37, Ahmedabad and confirmed vide order dated 29.11.2019 in Criminal appeal No. 53 of 2019 by learned 3rd Additional Page 2 of 4 Downloaded on : Thu Dec 26 21:15:07 IST 2019 R/CR.RA/1706/2019 ORDER Sessions Judge, City Civil and Sessions Court at Ahmedabad stand suspended till the hearing and final disposal of the present revision application.
Direct service is permitted. ORDER IN CRIMINAL MISC. APPLICATION:
Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State.
Heard learned advocate for the applicant and learned APP for the State.
It was submitted by learned advocate for the applicant that the trial Court has materially erred in holding that the respondent no.2 in present case is not bound to prove existence of his debt as presumption under Section 118 and 139 of the NI Act. That, both the courts below have failed to appreciate that at the time of giving the cheque as per the complaint of the prosecution, cheque in question has not been given to discharge in whole or in part of any debt or liability. That, it cannot be assumed that said cheque was given for the existing liability. That, the signature of the applicant on acknowledgment of the registered A.D of the notice is not proved by the original complainant during the trial. Page 3 of 4 Downloaded on : Thu Dec 26 21:15:07 IST 2019
R/CR.RA/1706/2019 ORDER Learned APP for the respondent-State has strongly objected the submissions made by learned advocate for the applicant and requested not to grant the bail to the applicant.
Considering the averments made in the application, submissions of the learned advocate for the applicant as well as learned APP for the State, preset application is allowed.
The applicant shall be released on regular bail by executing fresh bond of Rs. 10,000/- (Rupees Ten Thousand only) and one surety of like amount to the satisfaction of trial Court till hearing and final disposal of this revision application with a condition that he shall proceed with the revision application as and when it may be listed, and he shall surrender his passport, if having, before the learned Trial Court and shall not leave India without prior permission of this Court.
Direct service is permitted. Present application stands disposed of. Rule is made absolute.
(B.N. KARIA, J) K. S. DARJI Page 4 of 4 Downloaded on : Thu Dec 26 21:15:07 IST 2019