CR.RA/291/2011 1/2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 291 of 2011 ========================================= BHIKHABHAI SADABHAI DANGAR Applicant(s) Versus STATE OF GUJARAT & 1 Respondent(s) ========================================= Appearance :
MRYJPATEL for Applicant(s) : 1, MR. DABHI ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, MR ANIL C THAKORE for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 08/10/2012 ORAL ORDER 1.0. Shri Y.J. Patel, learned advocate for the applicant has stated at the bar that he has already deposited a sum of Rs.50,000/ with the Registry of this Court and he is also ready and willing to deposit a further sum of Rs.55,000/ with the Registry of this Court within a period of two weeks from today so as to show his bonafide. He has also stated at the bar that he is also ready and willing to pay even interest on the cheque amount at 7.5% p.a and also ready and willing to pay 15% of the cheque amount with the Gujarat State Legal Services Authority so as to enable the applicant to compound the offence. Shri Thakore, learned advocate for the respondent no.2original complainant has stated at the bar that respondent no.2 is personally present in the Court and even on receipt of the entire cheque amount (Rs.1,05,000/) with 7.5% interest thereon, he is not agreeable for compounding the offence.
2.0. Having heard Shri Y.J. Patel, learned advocate for the HC-NIC Page 1 of 2 Created On Sat Aug 06 03:39:55 IST 2016 CR.RA/291/2011 2/2 ORDER applicant, Shri Thakore, learned advocate for the original complainant and Shri Dabhi, learned Additional Public Prosecutor for th respondent State and considering the impugned judgment and order and the evidence on record, even the cheque which has been dishonoured, revision application deserves consideration. Hence, Rule. Shri Dabhi, learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent State and Shri Thakore, learned advocate waives service of notice of Rule on behalf of respondent no.2original complainant. Let the applicant deposit a further sum of Rs.55,000/ with 7.5% cumulative interest on the entire amount of Rs.1,05,000/ with the Registry of this Court within a period of two weeks from today and adinterim relief granted earlier is directed to be continued till final disposal of main Criminal Revision Application. On deposit of the entire amount as stated above, Registry is directed to invest the same in Fixed Deposit in the name of "Nazir" and in future the respondent no.2 is agreeable to accept the same and permitting applicant to compound the offence it could be paid to him on filing appropriate application so that the matter can be proceeded further accordingly otherwise the aforesaid amount shall be without prejudice to the rights and contentions of the respective parties in the Criminal Revision Application and the aforesaid deposit shall be considered at the time of final hearing of Criminal Revision Application.
sd/ (M.R.SHAH,J.) kaushik HC-NIC Page 2 of 2 Created On Sat Aug 06 03:39:55 IST 2016