RAMESHBHAI GANDABHAI SUVADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Mahesh K. Poojara, learned advocate has instruction to appear for and on behalf of respondent No.2 i.e. original complainant. He is in process of filing his appearance on behalf of the original complainant. Registry is directed to accept the Vakalatnama of Mr. Mahesh K. Poojara for and on behalf of respondent No.2-original complainant viz. Karsanbhai Laxmanbhai Charakta, who is present before the Court and duly identified by Mr. Mahesh Poojara, learned advocate.

(2.) This revision application is directed against the judgment of conviction and order of sentence dtd. 13/12/2018 passed by the learned Judicial Magistrate First Class, Viramgam in Criminal Case No.908 of 2016 convicting the applicant-accused for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and directed him to undergo simple imprisonment of 06 months as also imposed a compensation of Rs.4,45,000.00, and in default of payment of compensation, he is ordered to undergo further 02 months of simple imprisonment. The said order has been confirmed by the learned 3rd Additional Sessions Judge, Viramgam, vide judgment and order dtd. 14/9/2021 rendered in Criminal Appeal No.03 of 2019. Hence, both these orders are under challenge before this Court.

(3.) Mr. Mahesh K. Poojara, learned advocate has submitted that at the time when the complaint for an offence under Sec. 138 'the Act' was filed, one Mr. Dilipkumar Prahladbhai Mehta was the Manager of respondent No.2 - The Bhagyoday Sarafi Sahakari Mandali Limited, who has now retired. In this application, one Mr. Karsanbhai Laxmanbhai Charakta is now Asst. Manager of the said Society and he has affirmed an affidavit on 28/9/2021, and placed on record in this case. Along with affidavit, there is a Resolution annexed with it authorizing him to represent the society in cases before the Court as also withdrawal of the cases. Over and above that, along with affidavit there is no due certificate issued by the Manager of the Society, signed by Manager, is also annexed. It is also mentioned in the affidavit that as on 23/9/2021, there is no due from the applicant - accused and grievance against him is satisfied. Therefore, Mr. Karsanbhai Laxmanbhai Charakta, Asst. Manager of the said Bank has no objection if the present application is allowed and the applicant - accused is acquitted of the charge. The said affidavit along with annexures is taken on record.