BABUJI HARJIJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Articles 226 and 227 of the Constitution of India, in which, the petitioner has prayed that the order dtd. 1/1/2022 passed by the learned 8th Ad-hoc Additional Sessions Judge, Banaskantha - Diyodar below Exh.4 in Criminal Appeal No.1 of 2022 to the extent of imposition of condition of depositing 20% amount of the cheque before the trial Court be quashed and set aside.

(2.) Heard learned advocate Mr.Tushar K. Sheth for the petitioner and learned Additional Public Prosecutor Mr.Ronak Raval for the respondent State.

(3.) Learned advocate for the petitioner has referred the averments made in the memo of the petition and thereafter submitted that the complaint being Criminal Case No.1282 of 2017 under Sec. 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act " for short) came to be filed by respondent No.2 against the present petitioner before learned Judicial Magistrate, First Class, Lakhni. It is submitted that after conclusion of the trial, the concerned trial Court has convicted the present petitioner for the offence punishable under Sec. 138 of the N.I. Act and thereby sentenced the petitioner to suffer simple imprisonment for a period of one year vide judgment and order dtd. 1/1/2022. It is submitted that against the said order of conviction, the petitioner has preferred Criminal Appeal No.1 of 2022 before the concerned Sessions Court and the Sessions Court has vide the impugned order passed below Exh.4 has directed the petitioner to deposit 20% amount of the cheque within a period of 15 days before the concerned trial Court. The petitioner has, therefore, filed the present petition.