1. Leave to amend. Amendment be carried out forthwith.
2. Rule returnable on 19.03.2012. Learned A.P.P. Mr.H.L. Jani waives service of Rule for respondent No.1-State.
3. The present application has been filed by the applicant, who has been convicted by the learned Additional Chief Judicial Magistrate, Bhuj at Kutch vide order dated 25.01.2010 passed in Criminal Case No.1462 of 2008 for the offence punishable under Section 138 of the Negotiable Instrument Act and imposed sentence of simple imprisonment of one year with fine of Rs.5,000/-, in default, simple imprisonment of 15 days.
4. Heard learned counsel Mr.Y.J. Patel for the applicant and learned A.P.P. Mr.H.L. Jani for respondent No.1-State.
5. Learned counsel Mr.Patel for the applicant states that the said amount of fine of Rs.5,000/- has already been deposited before the concerned Court. Mr.Patel also drew attention of this Court to order dated 25.01.2012 passed by the learned Sessions Judge, Kutch at Bhuj in Criminal Appeal No.5 of 2010 releasing the applicant on bail and submitted that the applicant is released on bail by the learned Sessions Judge upto 08.02.2012. Learned advocate Mr.Patel, therefore, submitted that the applicant will also be available during the hearing of the revision application.
6. Having heard learned counsel for both the parties, perusing the papers and orders of both the Courts below and in view of the fact that the amount of fine has already been deposited, pending hearing and final disposal of this application, the applicant is ordered to remain on same bail and on the same terms and conditions imposed by the Court below. Direct service is permitted.
(Z.K.SAIYED, J.) Hitesh Top