Heard learned advocate Mr. Daifraz Havewala for the petitioner.
He submitted that the cheque in question was drawn by the accused as partner of Gokul Enterprise but the firm is not made an accused. Therefore, in view of the decision in case of Aneeta Hada Vs. M/s Godfather Travels & Tours Pvt Ltd & Anil Hada Vs. M/s Godfather Travels & Tours Pvt Ltd 2012 STPL (Web) 253 SC, the conviction is bad in law.
In view of the above, matter requires consideration. Hence, Rule.
As regards suspension of sentence of imprisonment imposed by the Trial Court and confirmed by the Lower Appellate Court, it appears that the petitioner is sentenced to undergo imprisonment of one year and to pay fine of Rs. 5000/-. It is stated that the fine imposed by the Trial Court has been paid. It is also stated that the Lower Appellate Court granted time to the petitioner to surrender and the petitioner approached this Court by filing this Revision Application before expiry of the period to surrender granted by the Lower Appellate Court and this Court by order dated 30/5/2012 extended time to surrender till 14/6/2012. Hence the petitioner has not surrendered.
In view of the fact that the petitioner is sentenced to undergo short sentence and it is not likely that the revision application would be heard within short time and also considering the fact that the petitioner has paid the amount of fine imposed by the Trial Court and confirmed by the Lower Appellate Court, the order of substantive sentence of imprisonment is required to be suspended till final disposal of this revision application.
In view of the above, the substantive sentence of imprisonment imposed by the Trial Court in Criminal Case no. 923/2001 and confirmed by the Lower Appellate Court in Criminal Appeal no. 9/12 is suspended during the pendency of hearing and final disposal of this revision application. The petitioner is order to be released on bail on same bail fresh bonds on usual terms before the Trial Court.
Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top