Learned advocate Mr. Sanjay Prajapati states that he has received instructions to appear on behalf of the respondent no.2 and he will file his vakalatnama before the registry forthwith. Registry is directed to accept his Vakalatnama.
The applicants have challenged the impugned judgment and order dated 24th November 2017 passed by learned 11th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 811 of 2016 as well as judgment and order dated 24th October 2019 passed by 4th Additional Sessions Judge, Rajkot in Criminal Appeal No. 252 of 2017.
Heard learned advocate for the applicants. Page 1 of 3 Downloaded on : Tue Jan 07 22:33:56 IST 2020
R/CR.RA/1550/2019 ORDER It was submitted by learned advocate for the applicants that the impugned judgment and order passed by learned Magistrate and confirmed by learned Sessions Judge are erroneous, illegal and contrary to the evidences on record. That, the complainant has failed to establish source of income to lend such huge amount nor he has produced any accounts or supporting documents of the so called proprietorship firm to prove that his firm had made payment of the said amount to the present applicants. It is further submitted that notice as well as the complaint itself were on wrong premise and complaint itself is not maintainable to the behest of the complainant when the said person namely Mr. Mahesh Jerabhai Patel was neither payee or holder in due course, and therefore, complainant himself is not lawfully entitled to lodge a complaint. As both the courts below have wrongly interpreted issue raised by the present applicants. However, out of the cheque amount of Rs. 35,00,000/-, the applicants have deposited Rs. 17,50,000/- in total.
Issue requires consideration.
Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State. Learned advocate Mr. Sanjay Page 2 of 3 Downloaded on : Tue Jan 07 22:33:56 IST 2020 R/CR.RA/1550/2019 ORDER Prajapati waives service of notice of rule for and on behalf of the respondent no. 2.
Interim relief as sought for in para 7(E) stands granted. The sentence imposed upon the applicant vide order dated 24th November 2017 passed by learned 11th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No. 811 of 2016 as well as judgment and order dated 24th October 2019 passed by 4th Additional Sessions Judge, Rajkot in Criminal Appeal No. 252 of 2017 stands suspended during hearing and final disposal of the present revision application.
The applicants shall be released on regular bail by executing fresh bond of Rs. 10,000/- (Rupees Ten Thousand only) each and one surety of like amount to the satisfaction of trial Court till hearing and final disposal of this revision application with a condition that they shall proceed with the revision application as and when it may be listed, and they shall surrender their passport, if having, before the learned Trial Court and shall not leave India without prior permission of this Court. Direct service is permitted.
(B.N. KARIA, J) K. S. DARJI Page 3 of 3 Downloaded on : Tue Jan 07 22:33:56 IST 2020