RITESHBHAI KARSANBHAI RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Shri Kuldip Acharya, learned advocate has instructions to appear for respondent no.2. Shri Kuldip Acharya, learned advocate seeks permission to file his Vakalatnama for respondent no.2. Registry is directed to accept the Vakalatnama on behalf of respondent no.2.

(2.) RULE. Ms.Jirga Jhaveri , learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 - State and Shri Kuldip Acharya, learned advocate, waives service of notice of rule on behalf of respondent no.2.

(3.) This Revision Application is directed against an order passed by the learned 4th Additional Chief Judicial Magistrate, Anand dtd. 20/12/2018 in Criminal Case No.1440 of 2018 convicting the applicant for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and ordered him to undergo two years Simple Imprisonment. Over and above that, Rs.12,36,000.00, 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 four months Simple Imprisonment. The said judgment of conviction and order of sentence was carried in Appeal being Criminal Appeal No. 25 of 2019, which also came to be dismissed by the learned 4th Additional Sessions Judge, Anand vide order dtd. 15/2/2020. Both these orders are under challenge in this Revision Application.