Applicant has filed this Revision Application challenging the Judgment and order dated 22.12.2010 passed by the learned 4th Additional Chief Judicial Magistrate, Dahod in Criminal Case No. 868 of 2008, whereby the learned Magistrate has held the applicant - accused guilty for the offence punishable under Section 138 of Negotiable Instrument Act and awarded sentence of SI for one year and to pay a fine of Rs.5000/- and in default of payment of fine, awarded 30 days further simple imprisonment, and the learned Magistrate has also directed the applicant - accused to pay to the complainant Rs.2,70,000/- as compensation. The said Judgment and order of the learned Magistrate has been confirmed by the learned 2nd Additional Sessions Judge, Dahod, by order dated 27.2.2012 in Criminal Appeal No.4 of 2011, filed by the applicant - accused. Against the said Judgment and order of learned Magistrate, confirmed by the learned Addl. Sessions Judge, the applicant has filed this Revision Application, in which the applicant has also prayed for bail.
Heard learned Advocate for the applicant and learned APP.
Rule returnable on 25.4.2012.
Learned Advocate for the applicant has contended that the applicant is poor Adivasi and illiterate person. He has contended that the complainant himself has admitted in his cross examination before the trial Court that the amount of Rs.2,70,000/- was given to the applicant in the month of August, 2007, however, no agreement or agreement to sell was prepared while giving money to the applicant. He is not in a position to pay the amount, as ordered by the trial Court. He, therefore, prays that pending the hearing and final disposal of this application, the applicant may be released on bail. He has also contended that without prejudice to his rights and contentions, the applicant is ready to deposit Rs.1 lac.
I have also heard the learned APP and perused the papers.
In the facts of the case, pending the hearing and final disposal of this Revision Application, on condition of depositing Rs.1 lac before the trial Court by the applicant, he is ordered to be released on bail on his furnishing personal bond of Rs.10,000/- with one surety of like amount and on usual terms and conditions. Bail before the trial Court. Direct service is permitted.
(Z.K.SAIYED, J.) sas Top