IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CRIMINAL APPLICATION NO._________ OF 2023

In the matter of Article 226

and/or 227 of the Constitution of
India;

AND

In the matter under Section 482

read with other relevant
provisions of Code of Criminal
Procedure;
AND
In the matter between:

Rajesh Sharma
S/o Late Sh. Ramji Lal Sharma,
Male, Hindu, Aged – 59 years
R/o K-604, Central Park-1,Sector-42,
Gurugram Golf Course Road,
Sikanderpur Ghosi (68),
Gurgaon, Haryana
Mobile No.: 9810084303 …Petitioner
(Original Accused / appellant)
Versus

1. State of Gujarat,
Notice through Public Prosecutor,
Gujarat High Court,
Sola, Ahmedabad

2. Rameshwar Textile Mill Ltd through

Ramchandra N Bansal
Male, Hindu, Aged - Adult
Manager of Rameshwar Textile Mill Ltd
R/o 101/A, Sonasarita Society,
Manibaugh, Dharampur Road,
Abrama Road, Valsad, Gujrat …Respondents
(Original Complainant / opponent)
To,
The Hon'ble the Chief Justice and
other Hon'ble Judges of the High
Court of Gujarat at Ahmedabad

The humble petition of the

petitioner above named

MOST RESPECTFULLY SHEWETH:

1. The petitioner is a national and citizen of India and is entitled to

all the fundamental rights enshrined under Part III of the
Constitution of India.

2. By way of the present petition, the petitioner invokes

the extraordinary jurisdiction vested in this Hon'ble
Court under Article 226 of the Constitution of India
and the supervisory jurisdiction under Article 227 of
the Constitution of India thereby seeks to modify the
order to the extent for granting another more 30 days
ranging from 03.08.2023 to arrange and deposit the
sentence / fine amount of Rs.16,00,000/- U/s. 148 of
the NI Act, 1881 as per the order dated 03.06.2023
passed by Ld. 8th Additional Sessions Judge, Surat, Gujarat in
Criminal Appeal No. 325/2023.

Copy of the order dated _________ and application below

which the Ld. 8th Additional Sessions Judge, Surat, Gujarat
passed an order in Criminal Appeal No. 325/2023 whereby the
Ld. Judge rejected the application for extension of additional 30
days to deposit the sentence amount is enclosed and marked as
Annexure – A Colly.

Ld. Court below while passing the order dated 03.06.2023 has
Suspended the sentence of the petitioner till the pendency of
the appeal, along with the conditions as under:
“1) Appellant shall remain present on each and every date of

appeal regularly; and shall,

2) Surrender his passport or execute an affidavit declaring

that he does not hold a passport, within 7 days from the

date of this order;

3) Shall furnish his address as well as the address of the

surety along with authentic proof at the time of execution of

bond and shall not change his residence without prior

permission of the Court.

4) In view of Section 148 of the Negotiable Instruments Act,

the appellant is further directed to deposit 10% of the

fine/compensation imposed by the Ld. trial Court within 60

days from the date of this order.”

Being aggrieved by the above order dated 03.06.2023

passed by Sh. Pranav Sharad Dave, Ld. 8th Additional
Sessions Judge, Surat, Gujarat in Criminal Appeal No.
325/2023 directing the petitioner to deposit 10% of the
compensation /fine amount and further aggrieved by the
direction of the Hon’ble Court to surrender the passport the
petitioner assailed the order by way of preferring a Special
Criminal Application No. 8250 of 2023 which came to be
dismissed and rejected at the admission stage on
05.07.2023.

Copy of the order dated 03.06.2023 and order dated

05.07.2023 passed in SCRA 8250 of 2023 are annexed
hereto and marked as Annexure – B Colly.
3. The Brief background and the question of law:

i. Complaint case bearing no. 649 of 2015 u/s 138 & 141 N I

Act, was filed by the complainant/ respondent herein before

the Ld.CMM, New Delhi Patiala House Court against the

accused/ petitioner herein and his wife Smt. Seema Sharma.

The matter was taken up for hearing on various dates and

finally vide order dated 01.12.2015 this complaint case was

ordered, “…I have perused order 13.10.2015. In view of the

said order, instant case file be sent to Ld. District and

Sessions Judge Surat, Gujarat for its allocation to the

appropriate court of competent jurisdiction…”.

ii. In view of the above order complaint case bearing no. 24077

of 2016 u/s 138 & 141 N I Act, above mentioned was filed

by the complainant/ respondent herein before the Ld.

Judicial Magistrate, against the accused/ petitioner herein

and his wife Smt. Seema Sharma in the court at district

Surat, Gujarat. It is pertinent to mention here that the

petitioner as well as his wife were summoned to face the

criminal proceeding initiated by the respondent company

herein.

iii. The petitioner submits that Smt Seema Sharma assailed the

order of summoning dated 21.03.2016, vide Crl. Rev Petition

no. 289 of 2016, before the Ld District and Sessions Judge

Surat. It is pertinent to mention here that the order of

 summoning passed against Smt Seema Sharma was set

aside by the Ld ADDITIONAL SESSIONS JUDGE, Surat and

the Trial continued only against the petitioner herein.

iv. The petitioner submits that only one witness deposed on

behalf of the complainant. On conclusion of the complainant

evidence the statement of the petitioner was recorded.

v. Final arguments were heard and the matter was put up for

pronouncement of judgment on 02.02.2023, on which date

the judgment as well as the order of sentence was passed,

in the absence of the accused/petitioner herein, declining the

exemption application filed by the accused/petitioner herein

on medical grounds. Copy of the Judgments/ order and it’s

translated copy of conviction and order sentence dated

02.02.2023 is enclosed and marked as Annexure - C.

vi. The petitioner submits that on 20.02.2023 Crl. Revision

Petition no. 58 of 2023 was filed before the Ld Sessions

Court Surat assailing the judgment and order on sentence

dated 02.02.2023 passed in CC no. 24077 of 2016 wherein

the below mentioned prayer was made-

a. Call for the Trial Court Record of CC no. 24077 of 2016

titled Rameshwar Textile Mill Ltd versus Rajesh Sharma @

Rajesh Ramji Sharma from the court of Ld. Special Judge

Sh. H.A BhramBhatt, N I Act Court, Surat;

b. Set aside the order of sentence of 1 year and payment of

double the amount of cheque amount as detailed in order

dated 02.02.2023;

c. Remand back the matter to the Ld Trial Court to hear the

matter afresh on the point of sentence with a further

direction to the Ld Magistrate to grant the convict/

revisionist herein opportunity of being heard;

d. Direct the Ld Special Judge to take up and hear the

application of the convict/ revisionist herein on suspension of

sentence in accordance with law in terms of section 389 (3)

CrPC and suspend the same for a period of 1 month as the

revisionist intends to assail the order of conviction and

sentence by way of an appeal;

e. Peruse the record and cancel the Non Bailable Warrant

issued against Rajesh Sharma @ Rajesh Ramji Sharma,

revisionist herein as observed in the order dated

02.02.2023;

f. Set aside the adverse observation and direction to send

the convict/ revisionist herein to jail on being arrested as

observed in the order dated 02.02.2023;

 g. Stay the execution of the order/direction detailed in the

order dated 02.02.2023 till the pendency of the present

revision petition;

h. Pass any other further order(s) which this Hon’ble Court

deem fit and proper in the interest of justice.

vii. The petitioner submits that in the aforesaid revision petition

it was pleaded that the revisionist/petitioner herein shall

avail his right to file an appeal u/s 374 Cr.P.C against the

judgment dated. 02.02.2023 vide which he is convicted in

CC no. 24077 of 2016. It was further pleaded that the

revisionist/petitioner herein shall also assail the order on

sentence u/s 389 CrPC before the Ld. Sessions Court post

suspension of sentence by the Ld. Trial Court presided over

by Sh. H.A Bhram Bhatt, Ld Special Judge, N I Act, Surat. It

is pertinent to mention here that the said revision petition

bearing no. 58 of 2023 was filed on 20.02.2023 by the

petitioner herein to the limited extent to assail the order on

sentence passed against him, in his absence on 02.02.2023

whereby adverse direction to issue NBW and to arrest him

has been also passed. It was further pleaded that passing of

the judgment of conviction in his absence and further

directions so issued without giving him an opportunity of

being heard in his absence is per se illegal, improper,

unjustified and incorrect and liable to be set aside in the

 given facts and circumstances as detailed in the said revision

petition.

viii. The petitioner submits that the aforesaid revision petition

no. 58 of 2023 was partly rejected vide order dated

20.02.2023 by Ms. Kruti Sanjay Trivedi, Ld. 5th ADDITIONAL

SESSIONS JUDGE, Surat District Court. Vide the aforesaid

order dated 20.02.2023 it was ordered as under:

This revision petition is partly rejected.

(1) The petitioner accused shall appear in person before the

Learned Special Judge of the Negotiable Instruments Act

Special Court, Surat along with his advocate and it will be

open for him to file a fresh application under Section 389(3)

of the Cr.P.C. for provisional bail to enable him to prefer an

appeal in the Sessions Court against the conviction and

sentence. If any such application is filed by the petitioner

accused by remaining personally present in the Court, then

the learned Magistrate shall pass an appropriate order upon

the said application in accordance with law on the very same

day.

(2) The petitioner accused shall appear before the learned

Magistrate within a period of four weeks from today. If he

fails to appear, then the non-bailable warrant shall be

executed and the petitioner accused be arrested and sent to

jail for serving the sentence.

 (3) After complying the legal procedures, as above, it will be

open for the petitioner to file an appeal before the Sessions

Court against the conviction and sentence and bail, pending

the final disposal of the appeal.

Copy of this order be sent to the concerned Court.

ix. The petitioner submits that on 18.03.2023, in terms of the

aforesaid order, the petitioner herein personally appeared in

court and filed a fresh application u/s 389 CrPC seeking

suspension of sentence and enclosed copy of the aforesaid

order dated 20.02.2023.

x. The petitioner submits that despite the direction given by

the Ld Sessions Court vide order dated 20.02.2023 and

further by overlooking the provisions of Section 389 (3)

CrPC the appellant’s fresh application seeking suspension of

sentence was dismissed vide order dated 18.03.2023 and

the petitioner was taken into judicial custody by the order of

Sh. H.A BhramBhatt, Ld. Special Judge, N I Act Court, Surat.

xi. The petitioner submits that being aggrieved by the rejection

of the second application seeking suspension of sentence

and further being aggrieved by this fact that the petitioner

was taken in judicial custody, the petitioner herein assailed

the order dated 18.03.2023 vide revision petition 93 of 2023

and also filed an application seeking grant of regular bail

vide bail application no. 2188 of 2023.

xii. The petitioner submits that on 18.03.2023 itself the

aforesaid revision petition no. 93 of 2023 and the bail

application no. 2188 of 2023 was heard by Ld. 8th Additional

Sessions Judge, Surat District Court.

xiii. The petitioner submits that the Hon’ble Additional Sessions

Judge, Surat District Court was pleased to decide both the

revision petition as well as the bail application vide a

common order dated 18.03.2023. The Ld Additional Sessions

Judge, Surat was pleased to set aside the order dated

18.03.2023 passed by Sh. H.A BhramBhatt, Ld Special

Judge, N I Act, Surat and was further pleased to grant bail

to the petitioner herein. Copy of common order dated

18.03.2023 deciding the revision petition as well as the bail

application is enclosed and marked as Annexure - D. The

order on sentence dated 02.02.2023 was suspended by the

Ld. Additional Sessions Judge, Surat.

xiv. The petitioner submits that he furnished bail bonds in terms

of the order dated 18.03.2023. In the given facts and

circumstances as detailed above there is no delay in filing of

the Criminal appeal but considering the date of Judgment

and Order on Sentence to be 02.02.2023 there was a delay

of 34 days in filing the Criminal Appeal. A separate

application under section 5 of the Limitation Act was filed

seeking condonation of 34 days of delay as well as another

 application seeking suspension of sentence dated

02.02.2023.

xv. Vide order dated 02.05.2023 the application seeking

condonation of delay of 34 days was allowed and the appeal

was admitted and posted for hearing.

xvi. On 03.06.2023 submissions were made on application u/s

389 CrPC seeking suspension of sentence (Exh 4) and also

on the application seeking waiver to deposit the minimum

20% in terms of section 148 NI Act(Exh 5).

xvii. That vide order dated 03.06.2023, the Ld. Appellate Court

was pleased to suspend the sentence of the petitioner till the

pendency of the appeal, along with the conditions as under:

“1) Appellant shall remain present on each and every date of

appeal regularly; and shall,

2) Surrender his passport or execute an affidavit declaring

that he does not hold a passport, within 7 days from the

date of this order;

3) Shall furnish his address as well as the address of the

surety along with authentic proof at the time of execution of

bond and shall not change his residence without prior

permission of the Court.

4) In view of Section 148 of the Negotiable Instruments Act,

the appellant is further directed to deposit 10% of the

 fine/compensation imposed by the Ld. trial Court within 60

days from the date of this order.”

xviii. It is pertinent to mention here that the petitioner was

ordered to be released on bail till the disposal of the appeal

on furnishing surety of Rs 15,000/- and personal bond of like

amount subject to the above conditions.

xix. It is further pertinent to mention here that on 03.06.2023 the

petitioner furnished the bail bonds to the satisfaction of the

Ld 8th Additional Sessions Judge, Surat and was released on

bail.

Being aggrieved by the above order directing the petitioner to

deposit 10% of the compensation /fine amount which would

amount to Rs 32 Lacs and further aggrieved by the direction

of the Hon’ble Court to surrender the passport the petitioner

preferred SCRA 8250 of 2023 assailing the order on sentence

dated 03.06.23 passed by Sh. Pranav Sharad Dave, Ld. 8 th

ADDITIONAL SESSIONS JUDGE, Surat, Gujarat in Criminal

Appeal No. 325/2023.

xx. It is pertinent to mention here that vide the impugned order

the Ld 8th Additional Sessions Judge, Surat decided the

application seeking suspension of sentence as well as

application seeking waiver of deposit of minimum 20 % in

terms section 148 NI Act in Crl Appeal no. 325/2023.

 xxi. The Ld 8th Additional Sessions Judge, Surat directed the

petitioner herein to deposit 10% of the fine/ compensation

imposed by the Ld Trial Court within 60 days from the date

of the order and imposed 3 conditions on the petitioner while

deciding the application u/s 389 CrPC seeking suspension of

sentence in Crl. Appeal no. 325/2023. It is pertinent to

mention here that the condition no.2 of the above order is to

surrender the passport within 1 week from the date of

passing of the order.

xxii. It is submitted that vide an application filed on 05.06.2023,

the petitioner sought 3 weeks additional time to surrender

the passport in court.

xxiii. It is submitted that the Ld. 8 th Additional Sessions Judge was

pleased to grant 14 days time to surrender the passport

which order is been complied with and petitioner has

surrendered the passport before the concern Court.

4).The petitioner in the present petition challenges order passed in

Criminal Appeal No.325/2023 on the ground that –

GROUNDS

a) Appellate Court failed to appreciate that the Ld. Trial had failed

to appreciate that vide judgment dated 02.02.2023 the

petitioner herein was incorrectly convicted U/s 138 NI Act and

was directed to pay twice the cheque amount to the respondent

and undergo imprisonment of one year.

b) It is submitted that the Ld. Court failed to appreciate the

petitioner in an interregnum assailed the order dated

03.06.2023 for quashing and setting aside the conditions

imposed upon him and had failed before the Hob’ble High

Court. Those much days shall be omitted from a calculation of

60 days to comply from passing of the date of order

i.e.03.06.2023

c) It is submitted that the Ld. Court ought to have appreciated

that the petitioner has now succumbed to the direction and has

obeyed the direction and had followed it and had surrendered

the passport before the concern court and had complied the

part of the order.

d) The Ld. Court below failed to appreciate that the petitioner has

suffered huge financial loss and even now facing financial

crunch since the Corona period even the cash cow business is

suffering the financial set backs and petitioner is not in a

position to pay the huge amounts of 16,00,000/- sentence

money.

e) The Ld. Court below should have appreciated the fact that

Rs.16,00,000/- is a hefty sum of money which requires huge

efforts to arrange the fund and as a consequences and in case

petitioner fails to arrange the same, he i.e. petitioner have to

unnecessary face the arrest warrant.

f) The Ld. Court should have believed that the petitioner is not a

local resident of Surat district and not a flying risk and having

family and a domicile of Haryana and should have been

afforded / granted few more days to arrange the sentence

amount to be deposited before the concern court.

g) The petitioner still submits that he is ready and willing to

comply with the direction of paying 10% of the paying sentence

money and now conceding to the direction imposed upon him

but requires some breathing time to manage and arrange funds

in the interest of justice.

h) In case few more days be extended to deposit sentence money

and the order is modified to that extent no prejudice shall be

caused to the other side.

i) Perusal of the evidence on record clearly demonstrated that the

presumption u/s 139 N--I Act stood rebutted and thereafter the

complainant failed to discharge the onus to prove his case

beyond reasonable doubt.

j) From the testimony of the sole witness CW1 the falsity of the

narrative as given in the complaint came on record.

k) The true correct and complete facts were brought on record and

the narrative of the accused petitioner herein was admitted by

the complainant/ respondent herein.

l) It was proved that there was material alteration done in the

cheque in question. There is proof/ evidence regarding the

alleged sale of saree.

m)It was proved that the relied upon bills to show sale of saree

were not genuine and were belatedly manually prepared at a

much later date after many months.

n) It was proved that the petitioner did not meet the respondent

for the first time in August 2013 as claimed but a year prior to

this alleged transaction/ sale of saree. The petitioner and the

respondent knew each other and had met numerous times in

Delhi in the year 2012 and 2103 and they had financial

transactions worth Rs 80Lakhs in the year 2012 ie a year prior

to the alleged transaction of saree.

o) The legal notice as mandated under section 138 NI Act was not

delivered as the same was sent to wrong address.

p) There was no document to show any settlement between the

complainant/respondent herein and the petitioner.

q) The falsity of the complainant’s case stood demolished and all

these facts were explained in the application seeking waiver of

deposit of minimum 20% in terms of section 148 NI Act.

r) Reliance was placed upon the judgment of Hon’ble Supreme

Court titled Surinder Singh Deswal and Ors vs Virender Gandhi

(2019) 11SCC341 wherein it was held that in exceptional cases

for special reason to be assigned direction can be passed to

waive the condition to deposit fine/compensation in terms of

148 NI Act.

s) It is submitted that the Ld. Additional Sessions Judge did

appreciate the merits of the matter but did not completely

waive the fine/compensation amount and instead of 20% gave

direction to deposit 10% of the compensation/ fine amount.

While passing the above order the Ld Additional Session Judge

did not give any reason as to why the entire 20 % was not

waived off or why only 10% was waived off.

t) In the given facts and circumstances of the present case the

entire 20% of the fine/compensation was ought to have been

waived and not merely 10% of the compensation/ fine amount.

Reliance in this regard is placed upon the deposition of CWI and

his cross examination.

u) The petitioner is not a flight risk. He has been participating in

the proceedings and has deep roots in the society. The

petitioner’s business/ work is spread in many States of India.

The petitioner undertakes dry cleaning works of many

universities in different parts of the country and has made

investments for such services in the universities. There is no

 apprehension that he will leave the county and settle abroad as

there is much at stake more than what is under challenge.

v) The petitioner has got a good case to succeed in the appeal

filed by him.

5). The petitioner has not filed any other petition or application either
in this Hon’ble Court or in the Hon’ble Supreme Court of India or in
any other court in the subject matter otherwise than what is stated
herein above.

6). The petitioner craves leave of this Hon’ble Court to add, amend,
alter, delete or rescind any of the aforesaid paragraphs as and when
found necessary in the interest of justice.

7). The petitioner therefore humbly prays that:-

a. Your LORDSHIP be pleased to modify the order dated

03.06.2023 to the extent for granting / extending

another more 30 days ranging from 02.08.2023 to

arrange and deposit the sentence / fine amount

of Rs.16,00,000/- U/s. 148 of the NI Act, 1881 as

per the order dated 03.06.2023 passed by Ld. 8th

Additional Sessions Judge, Surat, Gujarat in Criminal

Appeal No. 325/2023 in the interest of justice ;

b. Pending petition Your LORDSHIP be please to stay the

operation, execution and implementation of the order

dated 03.06.2023 more particularly to the extent of

depositing 10% of the sentence money i.e.

 Rs.16,00,000/- till the final disposal of the petition in the

interest of justice.

c. Pass such other orders(s) / directions as this Hon'ble

Court may deem fit and necessary in the facts and

circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER

SHALL AS IN DUTY BOUND FOR EVER PRAY.

AHMEDABAD

/07/2023 (Krunal Modi)

ADVOCATES FOR THE PETITINOER

 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT : Surat
SPECIAL CRIMINAL APPLICATION NO.______ OF 2023

Rajesh Sharma ……Petitioner

Versus

State of Gujarat and Anr ……Respondent

AFFIDAVIT
I, Rajesh Sharma, s/o.Late Ramji Lal Sharma, Age 59 years,
Hindu,Indian inhabitant, having address at: K2, 604,
Central Park 1, Sector 42, Gurugram, Haryana-122002 do
hereby solemnly affirm and state that what has been stated
hereinabove from Paragraph Nos. ___ to ___is understood
by me and the same is true and correct to the best of my
knowledge and belief and I believe the same to be true and
correct. The contents of Paragraph No. ____ contains
prayer clause.

The annexure/s annexed to the present petition, if any,

is/are true copy/ies of its/their respective original
document/s.

What is stated hereinabove is true and correct to the best

of my knowledge and belief.

Solemnly affirmed at __________ on this the __ day of

June, 2023.
________
DEPONENT
Identified by me:

________________
Advocate Name
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CRIMINAL APPLICATION NO.______ OF 2023

Rajesh Sharma ……Petitioner

Versus

State of Gujarat and Anr ……Respondent

INDEX

Sr.No Annx. Particulars Pages

.
1. ----- Memo of petition
2. A Copy of the order dated _________ and
(Colly) application below which the Ld. 8 th
Additional Sessions Judge, Surat, Gujarat
passed an order in Criminal Appeal No.
325/2023 whereby the Ld. Judge rejected
the application for extension of additional
30 days to deposit the sentence amount
3. B Copy of the order dated 03.06.2023 and
(Colly) order dated 05.07.2023 passed in SCRA
8250 of 2023
4. C Copy of the Judgments/ order and it’s
translated copy of conviction and order
sentence dated 02.02.2023
5 D Copy of common order dated 18.03.2023
deciding the revision petition as well as
the bail application

Place:

Date: ______________
Advocate of the petitioner
 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

DISTRICT : SURAT

SPECIAL CRIMINAL APPLICATION NO.______ OF 2023

Rajesh Sharma ……Petitioner

Versus
State of Gujarat and Anr ……Respondent

Synopsis

1. By way of the present petition, the petitioner seeks to

modify the order dated ___________ to the extent for
granting another more 30 days ranging from
03.08.2023 to arrange and deposit the sentence / fine
amount of Rs.16,00,000/- U/s. 148 of the NI Act, 1881
as per the order dated 03.06.2023 passed by Ld. 8th
Additional Sessions Judge, Surat, Gujarat in Criminal Appeal
No. 325/2023.

Ld. Court below while passing the order dated 03.06.2023 has
Suspended the sentence of the petitioner till the pendency of
the appeal, along with the conditions as under:

“1) Appellant shall remain present on each and every date of

appeal regularly; and shall,

2) Surrender his passport or execute an affidavit declaring

that he does not hold a passport, within 7 days from the

date of this order;

3) Shall furnish his address as well as the address of the

surety along with authentic proof at the time of execution of

bond and shall not change his residence without prior

permission of the Court.

4) In view of Section 148 of the Negotiable

Instruments Act, the appellant is further directed to

 deposit 10% of the fine/compensation imposed by the

Ld. trial Court within 60 days from the date of this

order.”

Being aggrieved by the above order dated

03.06.2023 passed by Sh. Pranav Sharad Dave, Ld. 8 th
Additional Sessions Judge, Surat, Gujarat in Criminal Appeal
No. 325/2023 directing the petitioner to deposit 10% of the
compensation /fine amount and further aggrieved by the
direction of the Hon’ble Court to surrender the passport the
petitioner assailed the order by way of preferring a Special
Criminal Application No. 8250 of 2023 which came to be
dismissed and rejected at the admission stage on
05.07.2023.
List of Events

2016 Complaint case bearing no. 24077 of 2016 u/s 138 &
141 NI Act was filed against the petitioner before the
Ld Judicial Magistrate, Surat.
21.03.2016 Order on summoning accused Rajesh Sharma
(petitioner herein) and his wife Seema Sharma was
passed
---- Crl. Revision Petition no. 289 of 2016 was allowed and
Smt Seema Sharma was discharged
24.08.2018 Evidence by way of Affidavit of CW-1 Rajesh
Rameshwardayal Bansal, Director of Rameshwar
Textile Mills Ltd was filed
03.08.2021 The cross examination of CW-1 was concluded. No
other evidence was led.
------- The statement of accused/petitioner herein u/s 281
CrPC was recorded
02.02.2023 Declining the application for exemption the judgment
of conviction was passed and NBW was issued and
direction was given to arrest the
accused(convict)/petitioner herein
20.02.2023 Revision petition no. 52 of 2023, assailing the order
 dated 02.02.2023 was partly rejected by Ms Kruti
Sanjay Trivedi Ld. 5th ADDITIONAL SESSIONS JUDGE
Surat District Court and the petitioner was directed to
file fresh application u/s 389(3) CrPC for provisional
bail and to prefer appeal before the Sessions Court
against the conviction and sentence within 4 weeks
from the date of the order
18.03.2023 Fresh Application u/s 389(3) CrPC seeking suspension
of sentence was filed before the Ld Special Judge NI
Act. The application was dismissed and the
convict/petitioner herein was taken into custody
18.03.2023 Criminal Revision no. 93 of 2023 and Regular Bail
application no. 2186 of 2023 was filed. Vide common
order dt. 18.03.2023 both the application were
allowed. The order dt. 18.03.2023 passed by the Ld
Special Judge was set aside and the petitioner was
granted bail and directed to be released on furnishing
bail bond of Rs 10,000/- along with surety of like
amount. The same was furnished and the petitioner
was released on bail.
07.04.2023 Criminal Appeal was filed along with application
seeking suspension of sentence u/s 389 CrPC. An
application seeking waiver of the amount to be
deposited in terms of section 148 NI Act pending
appeal against conviction was also filed along with this
appeal. An application u/s 5 of Limitation Act seeking
condonation of delay of 34 days was also filed.
02.05.2023 The application seeking condonation of 34 days in filing
the appeal was allowed and the Criminal Appeal no.
325 of 2023 was registered
02.06.2023 Impugned order directing deposit of 10% of the
compensation/fine amount was passed and direction to
surrender passport was also passed amongst other
conditions.
---.06.202 The present petition is being filed assailing the order
3 dated 02.06.2023 passed by the Court of Sh. Pranav
 Sharad Dave, Ld. 8th Additional Sessions Judge, Surat,
Gujarat in Criminal Appeal no. 325/2023 in the matter
of Rajesh Sharma vs Rameshwar Textiles Pvt. Ltd.
05.07.2023 Being aggrieved by the above order dated 03.06.2023
passed by Sh. Pranav Sharad Dave, Ld. 8th Additional
Sessions Judge, Surat, Gujarat in Criminal Appeal No.
325/2023 directing the petitioner to deposit 10% of the
compensation /fine amount and further aggrieved by
the direction of the Hon’ble Court to surrender the
passport the petitioner assailed the order by way of
preferring a Special Criminal Application No. 8250 of
2023 which came to be dismissed and rejected at the
admission stage on 05.07.2023

Hence the Present Pettion

Place:
Date: ______________
Advocate of the petitioner