SHANKARDAS BHASKARAN NAIR Vs. SATISHBHAI MANOHARBHAI BARIYA

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent - State.

(2.) By way of the Criminal Miscellaneous Application (for condonation of delay), the applicant has prayed for condonation of delay of 233 days in filing the Criminal Revision Application and by way of the Criminal Revision Application, the challenge is given to the order dtd. 23/8/2022 passed by the learned 4th Additional District Judge, Vadodara in Criminal Appeal No.70 of 2022.

(3.) Learned Advocate for the applicant Mr. Anilkumar B. Lalcheta submitted that that the applicant is a Government Servant who has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881. The judgment of award of conviction and sentence was passed on 18/2/2022 by the learned 26 th Additional Chief Judicial Magistrate, Vadodara in Criminal Case No.5267 of 2018. The same was challenged before the Appellate Court and while making a prayer for suspension of sentence, it is submitted that the learned 13 th Additional District and Sessions Judge, Vadodara vide order dtd. 23/3/2022 in Criminal Appeal No.70 of 2022 had granted bail to the applicant, on the condition that the applicant shall deposit 20% of the amount. It is further submitted that 60 days time was granted to fulfill the condition but the applicant failed to do so. Therefore, in the order dtd. 23/8/2022 passed by the learned 4th Additional District Judge, Vadodara in Criminal Appeal No.70 of 2022, it was observed that the conditions of bail were not fulfilled, i.e. 20% of the amount of Rs.14,00,000.00 was not deposited. It was also observed therein that the applicant and his Advocate had failed to remain present before the Appellate Court and the matter came to be dismissed for default; the suspension of sentence granted below Exhibit 4 came to be vacated and since then, the applicant is in jail.