KANAIYALAL GORDHANDAS MOTWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Ms. Chetna Shah, learned Additional Public Prosecutor waives the service of notice of rule on behalf of the respondent No.1. In the main Criminal Revision Application nobody has appeared on behalf of the respondent No.2, as the respondent No.2 was unserved.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.

(3.) MR .Vaibhav Vyas, learned advocate appearing on behalf of the applicant has submitted that the aforesaid amount has been deposited by the applicant pursuant to the earlier aforesaid orders passed by this Court while releasing the applicant on bail during the pendency of the Criminal Revision Application No.434 of 2009 and now when the main Criminal Revision Application has been dismissed by this Court by Judgement and Order dtd.10/9/2012 and the applicant is undergoing sentence imposed by the learned Judicial Magistrate (First Class), confirmed by the learned appellate court as well as this Court, and as there was no order passed by the learned Judicial Magistrate (First Class), and/or appellate court and/or this Court to award compensation to the original complainant and the applicant has already paid fine of Rs.3,000/- as awarded by the learned Judicial Magistrate (First Class), it is requested to direct the registry to refund the aforesaid amount of Rs.1 Lac.