NITINBHAI SAEVANTILAL SHAH Vs. MANUBHAI MANJIBHAI PANCHAL

JUDGEMENT

(1.) This Criminal Revision Application under Section 397 of the Criminal Procedure Code is preferred by the original accused persons from judgment and order dated 16.10.2003 dismissing their appeal and sentencing petitioner no.1 herein to simple imprisonment for three months and imposing fine of Rs.3,000/-. The petitioners were originally convicted of offence under Section 138 of the Negotiable Instruments Act and sentenced to suffer same penalties. The contesting parties before this Court are, for the sake of brevity, referred as accused (petitioners) and the complainant (respondent no.1).

(2.) Accused no.1 is the Director of Accused no.2, a private limited company. The accused were alleged to have taken loan and given cheque for Rs.11,23,000/- dated 13.10.1998, which was returned unpaid on 15.10.1998. Demand notice was tendered on 28.10.1998 and was returned as unclaimed on 5.11.1998. Another copy of the notice was sent under Postal Certificate, which was not returned, and hence, complaint was filed on 15.12.1998. After recording verification of the complainant, learned Magistrate had issued process.

(3.) The revision application was argued and heard on several occasions and written submissions have also been filed by learned counsel for the parties. After the petition being entertained in the year 2003 and being admitted and the accused being released on bail in January 2004, it was supposed to be heard on 12.2.2004. However, hearing was adjourned from time to time. At one stage, order dated 12.3.2007, as under, had to be made by this Court.