1. The present Criminal Revision Application is directed against Judgment and order dated 25.08.2010 of the learned Third Additional Chief Judicial Magistrate, Mehsana in Criminal case No. 2868/2005 whereby the applicant-appellant is convicted for the offence under section 138 of Negotiable Instrument Act and sentenced to undergo six months SI and fine of Rs. 3000/- with default stipulation; which is confirmed by the learned Additional Sessions Judge, Mehsana vide order dated 18.12.2012 in Criminal appeal No. 127 of 2010
2. RULE returnable on 22.01.2013. Learned APP Ms. C.M. Shah, waives service of notice of Rule, on behalf of Respondent-State.
3. Heard learned advocate Mr. R.J.Goswami for the applicant and learned APP Ms. C.M.Shah for the Respondent-State.
4. At the outset learned advocate Mr. Goswami drew attention of the Court that during the pendency of the proceedings before the lower appellant Court, the applicant has deposited cheque amount in question being Rs. 1,50,000/- and has also deposited fine. Learned advocate Mr. Goswami expressed hope that the matter may be settled. He, therefore, requested that on the returnable date, the matter may be notified in the admission board.
5. By way of interim order, in the facts and circumstances of the case and in view of the the nature of sentence awarded, pending the present Criminal Revision Application, the applicant shall be continued to enlarge on bail on condition of his executing fresh personal bond for Rs. 5,000/- (Rupees Five Thousand only) before the Trial Court within one week.
Direct Service permitted.
(N.V.ANJARIA, J.) cmjoshi Page 2 of 2