NIRALBHAI NANJIBHAI VACHHANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate Shri Chintan S. Popat for the applicant, learned Advocate Mr. Monal S. Chaglani for the respondent No.2-original complainant and learned Additional Public Prosecutor Ms. Maithili Mehta for the respondentState.

(2.) By way of this application, the applicant prays for quashing of order dated 23.08.2017, passed by the learned Appellate Court being the Sessions Judge, Junagadh in Criminal Appeal No. 48 of 2017. It is submitted by learned Advocate Shri Popat on behalf of the applicant, that the present applicant had been convicted for the offences punishable under Section 138 of the Negotiable Instruments Act and the trial court in Criminal Case No. 3519 of 2015 had been pleased to convict the applicant and sentenced him of simple imprisonment for one year and to pay an amount of Rs 3,50,000/- as compensation, being the cheque amount to the complainant.

(3.) Against the said order of conviction and sentence the present applicant had preferred the appeal before the learned Sessions Court, Junagadh and whereas the learned Sessions Court had passed two orders on the very day, i.e on the appeal as on well as an application being Exh. 6 whereby the applicant had prayed for suspension of sentence under Section 389 of Criminal Procedure Code.