PATEL MUKESHKUMAR KHEMCHANDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) It has been brought to the notice of this Court by Mr. Bharda along with Mr. Soni that after the order passed by the learned Appellate Judge on 22/2/2023, learned Appellate Judge had suspended the sentence passed by the learned Chief Judicial Magistrate under Sec. 138 of the Negotiable Instruments Act , 1881 and had directed the present applicant as an accused to deposit 20% of the fine amount within 60 days of the order and thus, states that 20% amount would approximately comes to Rs.74.00 lacs. While after the order of the Appellate Court, it is stated that an amount of Rs.7,14,67,889.00 has been recovered and relying on the statement of accounts, it is submitted that in loan account no. 58/142/1000004, Rs.1,81,20,325.00 had been recovered on 31/3/2023 by Rajkot Nagarik Sahakari Bank Ltd., while in loan account no. 58/163/6000002, Rs.1,54,79,675.00 had been recovered on 31/3/2023. Mr. Bharda submitted that since the account had been declared as Non-Performing Asset (NPA), the only source which would be there for the applicant to repay the amount would be his asset and the Bank after selling the property is recovering the said amount and thus, submitted that 20% amount which has been ordered by the Appellate Court can be considered as paid by the applicant and thus, a prayer is made to alter/adjust/delete/modify the condition imposed by the Appellate Judge.

(2.) The condition of 20% of fine amount has been laid down by the learned Appellate Judge. The fact of its payment or to appropriate that amount towards the condition laid down should be considered only by the Court who passed the order. Let all the submissions made by the applicant be considered by the learned Appellate Judge and for that the applicant is permitted to appear before the learned Appellate Judge and to agitate all the grounds raised here. The concerned learned Appellate Judge is requested to consider the submissions of the applicant and make appropriate orders and the matter be considered within 15 days from the date of receipt of this order.

(3.) Accordingly, the matters stand disposed of with a liberty to the applicant to approach this Court to file appropriate application against any orders in accordance with law.