TITLE Diptiben Dhanjibhai Patel Versus State of Gujarat
Decided On September 1, 2023
10935 of 2023
CORAM: Hon’ble Justice Mr. Samir Dave
INTRODUCTION- In order to file an appeal before the learned appellate court, the applicant has asked that the order dated 28.03.2023 passed by the learned Presiding Officer, Special Court, (N.I. Act), Ahmedabad (Rural) be quashed and set aside.
FACTS OF THE CASE
The complainant was found guilty of the offense punishable under Section 138 of the NI Act by order dated 28.03.2023. However, on the date the judgment and order of conviction were announced, the applicant, who was the accused party, was not present. Because of his absence during the announcement of the judgment and the fact that no application was made for the suspension of the substantive order of the sentence under Section 389 of the CrPC, learned counsel was consulted.
COURT ANALYSIS AND DECISION
The applicant’s learned advocate argued that the applicant is prepared and willing to make a deposit of Rs. 100000 (one lac) before the relevant trial court within two weeks of today. Finally, the applicant’s learned advocate argued that the present application should be allowed. On the other hand, the learned APP for Respondent No. 1 State has strongly disagreed with the arguments made by the applicant’s attorney and asked that the applicant’s current application be denied.
learned counsel for the applicant and the learned APP for respondent no. 1 State, it is apparent that the applicant has been found guilty. Because he was not present in court on the day of his conviction, a non-bailable warrant was issued against him, and in defiance of that order, he has come before this court.
According to a statement made by the applicant’s learned attorney, the applicant must deposit Rs. 100000 (one lac) with the relevant trial court within two weeks of today, and he or she must appear before the court in person with an attorney to request the cancellation of the non-bailable warrant that the learned Magistrate had issued. The learned Magistrate will decide whether to grant the request in accordance with the law.
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Written by- Steffi Desousa
