Gujarat High Court Case Information System Print CR.RA/66/2010 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 66 of 2010 ========================================================= JAYESHBHAI JAYANTIBHAI PANIYAR - Applicant(s) Versus SURESHKUMAR BECHARDAS TANK & 1 - Respondent(s) ========================================================= Appearance : MR RAVINDRA SHAH for Applicant(s) : 1, MR DIPEN DAVE for Respondent(s) : 1, MR LR PUJARI, APP for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE MD SHAH Date : 08/02/2010 ORAL ORDER
Notice
returnable on 2.3.2010. Learned advocate Mr.Dipen Dave waives
service of notice on behalf of respondent No.1 and Learned APP
Mr.Pujari waives service of notice on behalf of the respondent No.2
State.
The
present petitioner is convicted for the offence punishable under
Section 138 of the Negotiable Instruments Act, 1881 by the trial
Court and the appeal against the said judgment and order is also
dismissed by the Appellate Court. Both these orders are under
challenge by way of filing this Criminal Revision Application.
It
is submitted that during the trial as well as during pendency of the
appeal, the petitioner was on bail. At present, the petitioner is in
jail since 1.2.2010. It is further submitted by Mr.Shah that against
the cheque amount of Rs.2 lakhs, the petitioner has already deposited
Rs.1 lakh during pendency of the appeal before the Appellate Court.
On
the facts and in the circumstances of the case, the petitioner is
ordered to be released on bail on his executing personal bond of
Rs.5000/- and the surety of like amount before the trial Court and on
condition that he shall not leave India without prior permission of
the Court.
Office
is directed to call for the Record and Proceedings from both the
Courts below.
Direct
service is permitted.
(M.D.Shah,J)
pathan
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