TaxTMI 
TaxTMI 
2021 (11) TMI 442
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....ereby the said application was dismissed. 2. The brief facts giving rise to the present Criminal Revision Application is that respondent no. 2 herein has filed Criminal Case No. 4397 of 2008 against the present petitioner for the offences punishable under Sections 138 and 142(1) (b) of the Negotiable Instrument Act, in respect of two cheques having been dishonoured of total amount of Rs. 4,50,000/-. The learned 4th Additional Chief Judicial Magistrate, vide order dated 27.07.2010 was pleased to dismiss the complaint by the aforesaid judgment and passed an order of acquittal of present petitioner. It is the case of the petitioner that against the said order of acquittal, respondent no. 2 filed Criminal Appeal No. 2164 of 2020 and by an or....
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.... 138 of the Negotiable Instrument Act in the trial court. A copy of the Yadi dated 18.12.2020 in respect of order below Exhibit-5 appears to have been attached with the present application. 5. In view of such order, the petitioner was under an obligation to deposit a total sum of Rs. 1,80,000/- being 20% of the double amount of cheque i.e. Rs. 9 lakhs. The petitioner-original accused is a fisherman and on account of pandemic situation had no business and was in a very precarious financial condition and as such vide application Exhibit-8, a request was made before the Sessions court to grant some more time to deposit the amount as directed in an order passed below Exhibit-5. The said application at Exhibit-8 was filed on 23.02.2021 and be....
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.... application came to be filed at Exhibit-13 in Criminal Appeal No. 24 of 2020 under Section 389(1) of the Code of Criminal Procedure with a prayer to release the applicant on bail since he is ready and willing to pay an amount of Rs. 1,30,000/- as per the original order. The said complaint came to be rejected vide order dated 25.03.2021 and refused to release the petitioner on bail. The petitioner has also presented one another application below Exhibit-15, which is just a written submission in support of Exhibit-13 and it is under this set of circumstance, the petitioner has approached this Court by way of the present Criminal Revision Application. 6. Today, when the matter is taken up for hearing, learned advocate Ms. Kruti Shah, appea....
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....ssed in the proceedings is now no longer surviving or continued or to be continued and hence, requested the Court to dispose of the present application. 7. Mr. J.K. Shah, learned Additional Public Prosecutor appearing on behalf of the respondent-State has submitted that in view of the fact that the co-ordinate Bench of this Court has taken note of the factum of deposit of Rs. 1,30,000/- by the present petitioner and an amount of Rs. 50,000/- was already deposited in the month of February, 2021 and substantial amount of 20% which has been ordered had already been complied with and, therefore, there is no point in precipitating the matter further in view of the fact that the said deposit was by way of interim order, pending main criminal a....