JITUBHAI BABUBHAI VAJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicant-accused-Jitubhai Babubhai Vaja and respondent No.2-Complainant-Nilesh Muljibhai Nanadha were close friends and had family relations. Unfortunately, because of money transaction, the relations spoiled, therefore, complaint was filed by the complainant against the present applicant-accused before the court of Chief Judicial Magistrate, Junagadh, which was registered as Criminal Case No.6299/99 for the offences under Section 138 of the Negotiable Instruments Act (for short "the Act").

(2.) It was alleged in the complaint that the accused was in need of Rs.25,000/=. The complainant paid Rs.25,000/= to the accused and in turn cheque was given which bounced back, therefore, complaint was filed. Before the learned Magistrate the evidence was led by the complainant in support of his case and after considering the defence of the accused, learned Magistrate came to the conclusion that the complainant proved his case against the accused beyond reasonable doubt and, therefore, convicted the accused for the offences under Section 138 of the Act and sentenced him to suffer six months simple imprisonment and to pay a fine of Rs.2,500/= in default to further undergo ten days S.I. The said judgment and order of sentence dated 10.12.2001 was challenged by the accused by way of Criminal Appeal No.2/2002 before the court of Sessions Judge, Junagadh. The learned Sessions Judge by judgment and order dated 14.2.2002 dismissed the appeal and confirmed the order of conviction and sentence passed by the learned Magistrate. Against which this revision application is filed by the petitioner-accused.

(3.) When this matter was placed for admission before my learned Brother D.P.Buch, J. on 22.2.2002, the accused did not surrender, therefore, a statement was made by learned counsel for the petitioner-accused that the accused shall surrender forthwith and accordingly matter was kept on 26.2.2002.