IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL REVISION APPLICATION (AGAINST CONVICTION -

NEGOTIABLE INSTRUMENT ACT) NO. 1540 of 2025 ==========================================================

LAXMAN DAULATRAM MOHNANI Versus PAVAN MOHANLAL PAKHRANI & ANR.

==========================================================

Appearance:

MR ALTAFHUSEN I DUDHWALA(12126) for the Applicant(s) No. 1 MR. H.K. PATEL APP for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR.JUSTICE L. S. PIRZADA Date : 01/09/2025

ORAL ORDER

1. Heard learned advocate Mr. Altafhusen I. Dudhwala for the applicant. It is submitted that the present applicant has been convicted by the learned trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act and same was challenged by preferring an appeal before the learned Sessions Court and the learned Sessions Court has rejected the appeal and confirmed the judgment of conviction by the learned trial Court and revision application has been preferred. Further, it is submitted that the present applicant -

accused is in the judicial custody and he has already deposited 20% of the cheque amount before the learned Sessions Court. He is ready and willing to deposit further amount as directed by this Court and prayed for suspension of the sentence and release the present applicant on bail and pending revision application.

2. Considering the arguments advanced by the learned advocate for the applicant, perusing the judgment passed by the learned trial Court and the judgment passed by the learned Appellate Court. The present applicant has good case on merits. This is a case of short sentence and hearing of the revision application might take long time, pending revision application and present applicant is required to be released on bail and sentence is required to be suspended.

3. Issue the Rule to respondent, returnable on 13.11.2025. Learned APP waives service of Rule on behalf of the respondent – State.

4. Interim relief in terms of paragraph 18 (C) and (D) is hereby granted.

5. The sentence passed by the learned 8^th Additional Civil Judge and Judicial Magistrate First Class, Vadodara in Criminal Case No.43681/2018 by judgment and order dated 13.02.2023 sentencing the present applicant for one year of simple imprisonment for the offence punishable under Section 138 of the Negotiable Instruments Act and judgment passed by the learned Special Fast Track Court (POCSO) and Additional Sessions Judge, Vadodara in Criminal Appeal No.143/2023 with Criminal Revision Application No.121/2023 by judgment dated 25.07.2025 rejecting the appeal and confirming the judgment of conviction passed by the learned trial Court, is hereby, suspended till the final disposal of the revision application.

6. The present applicant – accused is in judicial custody be released on bail. The present applicant-accused has to furnish personal bond of Rs.10,000/- and surety of like amount before the learned trial Court on following conditions:-

(a) Not to misuse the liberty given by this Court.

(b) Furnishing address with documentary proof before the learned trial Court.

(c) Not to leave India without prior permission of this Court.

(d) The present applicant – accused has to deposit 30% of the cheque amount before the learned Trial Court within four weeks from the date of passing of this order.

7. The present applicant-accused be released from jail, if he is not required in any other offences.

Direct service permitted.

(L. S. PIRZADA, J)

HRT