BHARATBHAI KISHORBHAI MOTWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Tarun Rawat, learned advocate for the petitioner. He has submitted, on instructions, that petitioner " accused is ready and willing to deposit cheque amount, which is Rs.37,932.00, today only. He has further submitted that for an offence under Sec. 138 of the Negotiable Instruments Act, 1881, he is ordered to undergo simple imprisonment for a period of 40 days and he is ordered to pay compensation of the cheque amount within 30 days of the order passed by the learned Magistrate i.e. 12/12/2019.

(2.) The said order has come to be confirmed by the Appellate Court. He has further submitted that since the petitioner is already taken into custody the day on which the Appellate Court has passed an order dismissing the appeal i.e 9/1/2023, on deposit of the aforesaid amount, he be released on bail.

(3.) Considering the same, issue NOTICE returnable on 2/3/2023, only on condition that the petitioner deposits the aforesaid amount today.