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SCR.A/1021/2011 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 1021 of 2011
For
Approval and Signature:
HONOURABLE
MR.JUSTICE MD SHAH
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
YES
2
To be
referred to the Reporter or not ? NO
3
Whether
their Lordships wish to see the fair copy of the judgment ? NO
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ? NO
5
Whether
it is to be circulated to the civil judge ? NO
=========================================================
PRAKASHKUMAR
KHATUBHAI TIRGAR - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MS
ARCHANA U AMIN for
Applicant(s) : 1,
MR LR PUJARI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 27/04/2011
ORAL
JUDGMENT
1. Rule.
Learned APP Mr.L.R.Pujari waives service of notice of Rule on behalf
of respondent – State.
2. The
petitioner has filed this petition under Section 482 of the Code of
Criminal Procedure, with a prayer to quash and set aside the impugned
order dated 13.4.2001 passed by the learned Principal Judge, City
Sessions Court, Ahmedabad below Exh.1 in Criminal Appeal No.114 of
2011.
3. Heard
learned advocate Ms.Archana Amin for the petitioner and learned APP
Mr.L.R.Pujari for the respondent – State.
4. It
is submitted by learned advocate Ms.Archana Amin that she is
appearing on behalf of petitioner and she is appointed through legal
aid. It is submitted that the petitioner is convicted for the
offence punishable under Section 138 of the Negotiable Instruments
Act. The learned trial Judge by his order dated 11.3.2011 passed in
Criminal Case No.2481 of 2008 has convicted the petitioner for the
offence punishable under Sec.138 of the Negotiable Instruments Act
for one year simple imprisonment with fine of Rs.2,500/-, and in
default to undergo two months simple imprisonment. The trial court
also directed the petitioner to o make payment of Rs.2,50,000/- to
the complainant as compensation under Section 357 of Cr.P.C.
5. The
said order was challenged by the petitioner before the appellate
court being Criminal Appeal No.114 of 2011. The appellant court by
its order dated 13.4.2011 passed below Exh.1 in Criminal Appeal
No.114 of 2011 which reads as under.
“Admit.
Substantive order of sentence is ordered to stand suspended till
hearing and final disposal of the appeal, subject to the appellant
furnishing a fresh personal bond of Rs.10,000/- and two sureties of
Rs.5,000/- each, as also on depositing in the court an amount of
Rs.35,000/- within ten days from the date of this order.
Call
for R&P of Criminal Case No.2481/2008 from Metropolitan
Magistrate, Negotiable Instruments Act Court No.7. Notice to the
respondents returnable on 06/05/2011.”
6. Request
is only made by the learned advocate for the petitioner for
extending the time to deposit the amount of Rs.35,000/- as per the
impugned order passed by the appellate court. It is submitted by
learned advocate for the petitioner that the petitioner is an
auto-rickshaw driver and he is not able to make arrangement of
Rs.35,000/- and so he preferred this application through legal aid,
and the Legal Aid Authority has appointed Ms.Archana Amin to defend
the case of the petitioner.
7. Considering
the aforesaid facts and circumstances of the case, six weeks time is
granted to the petitioner to deposit the amount of Rs.35,000/- as
per the order passed by the appellate court. Rest of the order of
the appellate court will remain the same. It is clarified that no
further extension will be granted to the petitioner for depositing
the said amount.
8.
With the aforesaid observations and directions, the petition is
disposed of. Rule is partly made absolute to the aforesaid extent.
Direct service is permitted.
(
M.D. SHAH, J. )
syed/
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