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Rajesh Sharma Special Criminal Appl - SCRA - Delhi - Updated
Rajesh Sharma Special Criminal Appl - SCRA - Delhi - Updated
DISTRICT : SURAT
AND
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
i. Complaint case bearing no. 649 of 2015 u/s 138 & 141 N I
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
herein.
iii. The petitioner submits that Smt Seema Sharma assailed the
v. Final arguments were heard and the matter was put up for
dated 02.02.2023;
02.02.2023;
f. Set aside the adverse observation and direction to send
revision petition;
avail his right to file an appeal u/s 374 Cr.P.C against the
sentence u/s 389 CrPC before the Ld. Sessions Court post
petition.
day.
02.02.2023.
xvii. That vide order dated 03.06.2023, the Ld. Appellate Court
bail.
GROUNDS
a) The Ld. Court failed to appreciate the facts and circumstances
imposed upon him and had failed before the Hon’ble High
i.e.03.06.2023
and has obeyed the direction and had followed it and had
f) The Ld. Court below failed to appreciate that the petitioner has
g) The Ld. Court below should have appreciated the fact that
filed by him.
7). 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.
interest of justice.
AHMEDABAD
Versus
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.
________________
Advocate Name
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT : SURAT
Versus
INDEX
Place:
Date: ______________
Advocate of the petitioner
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
DISTRICT : SURAT
Synopsis
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:
order.”
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
Place:
Date: ______________
Advocate of the petitioner