LAP LIFESTYLE LLP vs STATE OF GUJARAT - 2024 Supreme(Guj) 1611

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Guj) 1611

GITA GOPI
LAP LIFESTYLE LLP – Appellant
Versus
STATE OF GUJARAT – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Tejas M Barot, Senior Advocate assisted by Mr. Daifraz Havewalla
For the Respondent: Mr. Hardik Mehta, Additional Public Prosecutor, Mr. Bhaumik Dholariya

JUDGMENT :

1. Heard Mr. Tejas Barot, learned Senior Advocate assisted by Mr. Daifraz Havewalla, learned advocate for the applicant, Mr. Hardik Mehta, learned APP for the respondent – State and Mr. Bhaumik Dholariya, learned advocate for respondent no.2 who has received instructions to appear in the matter. Let his Vakalatnama be accepted.

2. The revisionists who were accused nos.1 to 6 in Criminal Case no.35380/2021 had challenged the judgment and order of conviction dated 19.4.2024 passed by the learned 18th Additional Chief Judicial Magistrate, Surat before the learned 9th Additional District and Sessions Judge, Surat in Criminal Appeal no.389/2024. While suspending the sentence under Section 389 of the Cr.P.C. for the conviction under Section 138 of the Negotiable Instruments Act, 1881, one of the condition which was laid down was to pay 20% of the fine/compensation amount. The learned Trial Court had ordered fine/compensation amount to be paid as Rs.8,34,89,155/- under Section 352(1) of the Cr.P.C. The order was to pay the amount within a period of two months and in default to undergo two months’ SI. The challenge now is given to the order below application Exh.9 passed by the le