2021 (11) TMI 442 - HC - Indian Laws

Dishonor of Cheque - order of deposit of 20% of compensation is complied with by the petitioner - Section 138 of the Negotiable Instrument Act - HELD THAT - Having apprised of the fact by learned advocate Ms. Shah that 20% which has already been directed to be deposited is complied with by the petitioner during the pendency of the main Criminal Appeal and as such, nothing more to be examined since the main Criminal Appeal is yet to be adjudicated upon. Further respondent no. 2 herein though served by notice of rule as well as at the time of issuance of rule has chosen not to represent or remain present and today also when the matter is taken up even in the second sitting, nobody has represented respondent no. 2 nor respondent no. 2 has remained personally present and, therefore, in this set of circumstance, the Court is constrained to dispose of the present Criminal Revision Application as intervening circumstances are indicating that the order of deposit of 20% of compensation is complied with by the petitioner. The present Criminal Revision Application stands disposed of as having become infructuous more particularly, when the petitioner is already enlarged on bail by taking note of the aforesaid deposit and the same order of bail continued to operate, nothing further remains to be done - Criminal revision application disposed off.

Issues:
Challenge to order of conviction and sentence, Suspension of sentence, Deposit of compensation amount, Bail application, Compliance with court orders.

Challenge to Order of Conviction and Sentence:
The petitioner, an accused in a case under the Negotiable Instrument Act, challenged the order of conviction and sentence passed by the trial court. The High Court detailed the history of the case, including the initial acquittal by the Magistrate, subsequent appeal by the complainant leading to a re-hearing, and the final conviction of the petitioner. The petitioner filed a Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure against the order dated 25.03.2021 passed by the Sessions Judge, Navsari. The Court considered the petitioner's financial difficulties due to the pandemic and ultimately ordered the petitioner's release on bail upon compliance with the deposit conditions.

Suspension of Sentence:
The petitioner had filed an application under Section 153 seeking suspension of the sentence imposed by the trial court. The Additional Chief Judicial Magistrate had initially suspended the sentence for 25 days. Subsequently, the Sessions Judge, Navsari, ordered the suspension of the sentence on the condition that the petitioner deposit 20% of the compensation amount as per Section 138 of the Negotiable Instrument Act. The petitioner faced challenges in complying with the deposit requirements due to financial constraints exacerbated by the pandemic situation. The Court reviewed the petitioner's efforts to comply with the deposit conditions and eventually ordered the petitioner's release on bail upon successful compliance.

Deposit of Compensation Amount:
The Court noted the petitioner's struggle to deposit the required compensation amount of ?1,80,000, which was 20% of the total amount due. The petitioner made multiple applications seeking extensions and permissions to deposit the amount in installments. The Court observed the petitioner's financial hardships and eventually acknowledged the partial compliance with the deposit conditions. The Court considered the deposited amounts and ordered the petitioner's release on bail, deeming the Criminal Revision Application infructuous due to the compliance with the deposit requirements.

Bail Application:
The petitioner filed an application under Section 389(1) of the Code of Criminal Procedure seeking release on bail, stating readiness to pay the required amount as per the original order. The application was initially rejected, leading to subsequent filings and rejections. The Court ultimately considered the petitioner's compliance with the deposit conditions and ordered the petitioner's release on bail upon successful fulfillment of the deposit requirements.

Compliance with Court Orders:
The Court analyzed the petitioner's efforts to comply with the court orders regarding the deposit of the compensation amount. The petitioner faced challenges due to financial constraints worsened by the pandemic, leading to difficulties in meeting the deposit requirements. The Court acknowledged the partial compliance with the deposit conditions and ultimately ordered the petitioner's release on bail upon successful adherence to the deposit terms. The Court emphasized the importance of expediting the main appeal pending in the lower court, highlighting the prolonged duration of the legal proceedings since 2008.

In conclusion, the High Court disposed of the Criminal Revision Application, noting the petitioner's compliance with the deposit conditions and ordering the petitioner's release on bail. The Court highlighted the need to expedite the main appeal pending in the lower court, considering the extended duration of the legal proceedings.

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