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CR.RA/200/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 200 of 2010
With
CRIMINAL
REVISION APPLICATION No. 201 of 2010
To
CRIMINAL
REVISION APPLICATION No. 206 of 2010
=========================================================
MINESH
JAYANTBHAI BHANABHAGWANWALA - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
MATAFER R PANDE for
Applicant(s) : 1,MR. RY DHIVARE for Applicant(s) : 1,
PUBLIC
PROSECUTOR for Respondent(s) : 1,
MR HARDIK A DAVE for
Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 21/09/2010
ORAL
ORDER
Counsel
appearing for both sides jointly submitted that the disputes have
been resolved between the parties and cheque amounts have been paid
over by the petitioners.
In
the present group of petitions, original accused has challenged the
judgments of the courts below by which he has been convicted and
sentenced for imprisonment for one year for dishonour of cheques.
It is stated that total amount involved is about Rs.3,50,000/- in
all the Revision Applications.
In
view of the settlement between the parties and payment of cheque
amounts, conviction is required to be set aside. However, in view of
the decision of the Apex Court in the case of Damodar S. Prabhu
v. Sayed Babalal H., (2010) 5
SCC 663, the petitioner shall have to pay costs which can go upto
15% of the cheque amount and in the present cases, the cost is
quantified at Rs.35,000/- (Rupees thirtyfive thousand only) which
shall be deposited before the Gujarat State Legal Services Authority
latest by 30th
October, 2010. The impugned orders dated 31.3.2010 in Criminal
Appeal Nos.22 to 28 of 2008 passed by the Additional Sessions Judge,
Surat and the order of conviction dated 5.5.2008 passed by the
learned Magistrate, Surat in Criminal Case No.179/2005 180/2005,
182/2005, 183/2005, 184/2005, 9/2006, 21185/2007 are set aside.
Rule is made absolute accordingly in each application.
(Akil
Kureshi, J.)
(vjn)
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