VIJAY BABALDAS RAWAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Jucky Lucky Chan, learned advocate has instructions to appear on behalf of Mr.Gaurang Chimanlal Solanki, Respondent No.2 herein and he is in process of filing his appearance. Mr.Gaurang Chimanlal Solanki is present before the Court and duly identified by the learned advocate representing him.

(2.) Rule. Ms.Jirga Jhaveri, learned Additional Public Prosecutor waives service of rule on behalf of Respondent No.1-State and Mr.Jucky Lucky Chan, learned advocate waives service of rule on behalf of Respondent No.2.

(3.) This Revision Application is directed against impugned judgment and order dtd. 5/12/2019 passed by learned 4 th Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No.4924 of 2015 confirmed by learned 3rd Additional District and Sessions Judge, Gandhinagar vide judgment and order dtd. 31/7/2021 passed in Criminal Appeal No.4 of 2020 convicting the applicant for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as 'the Act') and ordered him to undergo 2 years simple imprisonment. Over and above that, Rs.3,00,000.00 being the cheque amount, was ordered to be paid to the complainant as compensation and in default of payment of compensation, he is ordered to further undergo six months simple imprisonment. Both these orders are under challenge in this Revision Application.