Learned advocate Mr. Shelat seeks permission to amend prayer in para no. 8(B). Permission as prayed for is granted. Petitioner to carry out amendment forthwith.
Heard learned advocate Mr. KV Shelat for the petitioner.
Learned advocate Mr. Shelat submitted that the petitioner has challenged receipt of the amount but no documentary evidence is produced by the complainant to prove his debt. He also submitted that no books of account are produced and the complainant has admitted that he did not show the amount outstanding in the Income Tax return.
In view of above, matter requires consideration. Hence, Rule.
As regards suspension of sentence of imprisonment, the petitioner is sentenced to undergo simple imprisonment of one year. He has paid the fine and it is not likely that Revision Application would be heard within short time. Hence, the substantive sentence of imprisonment imposed by the Trial Court and confirmed by the Lower Appellate Court is required to be suspended till final disposal of Revision Application.
Hence, substantive sentence of imprisonment imposed by learned Metropolitan Magistrate, Negotiable Instrument Act, Court No. 2 on 16/10/2010 in Criminal Case no. 578/2008 (new) and confirmed by City Sessions Court, Ahmedabad on 30/4/2012 in criminal Appeal no. 446/2010 is suspended till final disposal of the Revision Application and the petitioner is ordered to be released on bail on executing bond of Rs. 5000/- with one surety for like amount before the Trial Court. Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top