TMI Blog2021 (11) TMI 442X X X X Extracts X X X X X X X X Extracts X X X X ..... taken up even in the second sitting, nobody has represented respondent no. 2 nor respondent no. 2 has remained personally present and, therefore, in this set of circumstance, the Court is constrained to dispose of the present Criminal Revision Application as intervening circumstances are indicating that the order of deposit of 20% of compensation is complied with by the petitioner. The present Criminal Revision Application stands disposed of as having become infructuous more particularly, when the petitioner is already enlarged on bail by taking note of the aforesaid deposit and the same order of bail continued to operate, nothing further remains to be done - Criminal revision application disposed off. - R/Criminal Revision Applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dence, the learned 2nd Additional Chief Judicial Magistrate, was pleased to pass the judgment and order dated 05.12.2020, convicting the present petitioner for the offence under Section 138 of the Negotiable Instrument Act to undergo sentence of two years and directed to pay double the amount of cheque by way of compensation. 3. It is further the case of the petitioner that the original accused presented an application under Section 153 before the trial court for seeking suspension of sentence and considering the request, the learned 2nd Additional Chief Judicial Magistrate vide order dated 05.12.2020 was pleased to suspend the sentence for a period of 25 days. Upon such time having been granted, the petitioner-original accused filed Cri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount. The petitioner filed another application at Exhibit-9 on 09.03.2021 seeking further permission to deposit the amount of ₹ 70,000/- and sought adjournment to deposit the said amount of 20%. However, the said application came to be rejected by observing that the appellant-accused has not complied with the earlier order and by recording it, Exhibit-9 application for further extension came to be rejected. It is the case of the petitioner that the appellant-accused has further submitted an application at Exhibit-10 on 09.03.2021 for depositing an amount of ₹ 70,000/-, below which the order was passed that the appellant accused is supposed to deposit the said amount before the trial court. When the application at Exhibit-158 wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considering the request of the petitioner, this Court has taken note of the fact that the remaining amount of ₹ 1,30,000/- is already deposited by the petitioner before the sessions court at Navsari and ₹ 50,000/- was also deposited, hence, 20% amount which was ordered according to learned advocate Ms. Shah is now complied with by the petitioner and as such, the present criminal revision application was admitted by the Court and by considering the aforesaid bona fides expressed by the petitioner, pending revision application, the petitioner was ordered to be released on bail by executing fresh bail bonds of ₹ 10,000/- and one surety of like amount to the satisfaction of the trial court and pursuant to this order dated 09. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ngly, requested the Court to dispose of. 8. Having heard the learned advocates appearing for the respective parties and having apprised of the fact by learned advocate Ms. Shah that 20% which has already been directed to be deposited is complied with by the petitioner during the pendency of the main Criminal Appeal and as such, nothing more to be examined since the main Criminal Appeal is yet to be adjudicated upon. Further respondent no. 2 herein though served by notice of rule as well as at the time of issuance of rule has chosen not to represent or remain present and today also when the matter is taken up even in the second sitting, nobody has represented respondent no. 2 nor respondent no. 2 has remained personally present and, there ..... X X X X Extracts X X X X X X X X Extracts X X X X
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