KALPESHBHAI NARANDAS MIRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this application, the applicant herein has challenged the judgment and order dated 16.10.2018 passed in Criminal Case No.909 of 2015 passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act, Court No.35, Ahmedabad whereby while convicting the present applicant for the offences punishable under Section 138 of the Negotiable Instrument Act, a punishment was imposed under Section 255 (2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.', for short) and the applicant was directed to undergo simple imprisonment for a period of one year and to pay a sum of Rs.3/- Lakhs towards compensation within a period of 60 days and in default of making payment of fine the applicant was directed to further undergo sentence for further period of 30 days. The said order was confirmed vide judgment dated 06.11.2020 rendered in Criminal Appeal No.623 of 2018 by the learned Additional Sessions Judge, Court No.28, City Sessions Court, Ahmedabad. These two orders are under challenge by way of present revision application.

(2.) Heard Ms.Sandhya Natani, learned advocate for the applicant and Mr.Dharmesh Devnani, learned Additional Public Prosecutor for the respondent State.

(3.) It is stated by Ms.Natani, learned advocate for the applicant that an amount of Rs.40,000/- has already been deposited by the applicant pending trial before the trial Court. She has also shown willingness to further deposit an amount of Rs.1,10,000/- which will make total deposit of Rs.1,50,000/- being 50% of the amount which is directed to be paid by the trial Court towards the compensation.