RASIKKUMAR NARSHIBHAI PADARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP waives service of notice of rule on behalf of respondent State.

(2.) It appears from the record of the case that two complaints u/s.138 of the Negotiable Instruments Act , 1881 came to be filed against the applicant herein by respondent No.2, which were numbered as Criminal Case Nos.54037/2018 and 54039/2018. In connection with the said proceedings, the applicant came to be arrested. Thereafter, he preferred an application seeking bail, which came to be allowed by way of the impugned order dtd. 21/12/2021. While passing the impugned order, the trial Court imposed a condition upon the applicant by which the applicant was directed to deposit 10% of the cheque amount as security. Against the said order, the applicant had preferred Criminal Misc. Application No.341/2022 before the Sessions Court concerned; however, the same came to be rejected vide order dtd. 1/2/2022. Hence, this application.

(3.) Learned advocate Mr. Raiyani for the applicant submitted that the respondent-complainant had filed an application before the trial Court u/s.143 (A) of the Act seeking directions against the applicant to deposit 20% of the cheque amount. However, without deciding the said application, the trial Court directed the applicant to deposit 10% of the cheque amount as a condition for being released on bail. It was submitted that such condition is erroneous and deserves to be modified / deleted.