Back
2024 Supreme(Online)(GUJ) 18013
HIGH COURT OF GUJARAT
MKT
YOGESHKUMAR NARANBHAI SUTHAR – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION - NEGOTIABLE INSTRUMENT ACT) NO. 762 of 2024
The court has the power to grant ad-interim relief and stay the implementation of the lower court's orders, pending the final hearing of the application, in a case involving the dishonor of a cheque under Section 138 of the Negotiable Instruments Act.
Headnote:
Negotiable Instruments Act - Cheque Dishonor - Sections 138, 142
Fact of the Case:
The applicant was convicted for an offense under Section 138 of the Negotiable Instruments Act for dishonor of a cheque amounting to Rs. 2,00,000/-, which has already been paid before the trial court.
Finding of the Court:
The court granted ad-interim relief to the applicant, staying the implementation, execution, and operation of the impugned judgments and orders passed by the lower courts, and suspending the sentence imposed on the applicant, pending the final hearing of the present application.
Issues: Whether the conviction of the applicant under Section 138 of the Negotiable Instruments Act should be quashed and the applicant should be acquitted.
Ratio Decidendi: The court considered the submission that the cheque amount has already been paid before the trial court and granted ad-interim relief to the applicant.
Final Decision: The court issued notice to the respondent-State, making it returnable on 24.06.2024, and granted ad-interim relief to the applicant on the same terms as granted by the learned trial court.
ORDER
1. By way of the present application the applicant prays as follows:
- “A. This Hon'ble Court may be pleased to admit and allow this revision application.
- B. This Hon'ble Court may kindly be pleased to call for the Records and Proceedings of Criminal Case No.2440 of 2014 from the Court of Learned Add. Chief Judicial Magistrate, Banaskantha at Deesa;
- C. This Hon'ble Court may be pleased to quash and set aside the Judgment and Order dated 30.05.2024 passed by the learned 6th Addl. Session Judge, Banaskantha at Deesa in Criminal Appeal No. 76 of 2022 as well as the Judgment and Order Dated 15.09.2022 passed by the Learned Add. Chief Judicial Magistrate, Banaskantha at Deesa in Criminal Case No.2440 of 2014, convicting the accused/applicant herein, and further be pleased to acquit the applicant/accused.
- D. That during the pendency and till the final disposal of present application, this Hon'ble Court may kindly be pleased to stay the implementation execution and operation of the impugned Judgment and Order dated 30.05.2024 passed by the learned 6th Addl. Session Judge, Banaskantha at Deesa in Criminal Appeal No.76 of 2022 as well as the Judgment and Order Dated 15.09.2022 passed by the Learned Add. Chief Judicial Magistrate, Banaskantha at Deesa in Criminal Case No.2440 of 2014, convicting the accused/ applicant herein and further be pleased to suspend the sentence imposed by the Courts below and be pleased to enlarge the applicant on bail pending the final hearing of present application.
- E. This Hon'ble Court may kindly be pleased to dispensed with the filing of an affidavit in support of the application as the present applicant is in judicial custody;
- F. This Hon'ble Court may be pleased to pass such other and further relief(s) as may be deemed fit and proper in the interest of justice;”
2. Learned advocate for the applicant Mr.Darshan Dave submits that the applicant was convicted for the offence punishable under section 138 of the N.I.Act where the cheque amount is Rs.2,00,000/- which has already been paid before the learned trial court.
3. In view of the above submissions, let Notice be issued making it returnable on 24.06.2024. Ld.APP Ms.Jhala waives service of notice on behalf of respondent-State.
4. Meanwhile, ad-interim relief in terms of paragraph 6(D) is granted on the same terms as granted by the learned trial court.
5. Direct service today is permitted.
