1. Rule returnable on 19.03.2012. Learned A.P.P. Mr.Jani waives service of Rule for the respondent-State.
2. The present application has been filed by the applicant, who has been convicted by the learned J.M.F.C., Kutch at Bhuj vide order dated 26.02.2010 passed in Criminal Case No.1000 of 2007 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 one month.
3. Heard learned counsel Mr.Nikhil Kariel for the applicant and learned A.P.P. Mr.H.L. Jani for respondent No.1-State.
4. Learned counsel Mr.Kariel for the applicant states that the said amount of fine of Rs.5,000/- has already been deposited before the concerned Court. Mr.Kariel also drew attention of this Court to order dated 25.01.2012 confirming the order dated 26.02.2010 and submitted that the applicant is released on bail upto 08.02.2012. Learned advocate Mr.Kariel, therefore, submitted that the applicant will be available during the hearing of the revision application also.
5. 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 the 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