LAXMANBHAI S GOHIL Vs. GOPALBHAI MANIBHAI PATEL

JUDGEMENT

(1.) THE present Criminal Revision Application u/s.397 read with 401 of the Code of Criminal Procedure has been preferred by the petitioner herein original accused to quash and set aside the impugned judgement and order of conviction and sentence dated 18/07/2002 passed by learned Chief Judicial Magistrate, Nadiad in Criminal Case No.1190 of 1990 convicting the petitioner herein for the offence punishable u/s.138 of the Negotiable Instruments Act and imposing punishment to undergo sentence of six months SI and to pay fine of Rs.5,000/ - and in default, to undergo further SI of one month as well as impugned judgement and order dated 10/12/2004 passed by learned Appellate Court learned Joint District Judge and Presiding Officer, 5th Fast Track Court, Nadiad in Criminal Appeal No.44 of 2002, by which, learned Appellate Court has dismissed the said appeal preferred by the petitioner herein original accused convicting the petitioner herein - original accused for the offence punishable u/s.138 of the Negotiable Instruments Act.

(2.) THAT respondent No.1 herein original complainant filed criminal complaint in the Court of learned Chief Judicial Magistrate, Nadiad against the petitioner herein original accused for the offence punishable u/s.138 of the Negotiable Instruments Act, which was numbered as Criminal Case No.1190 of 1990 for dishonour of two cheques for an amount of Rs.15,000/ - and Rs.5,000/ - respectively. It was the case on behalf of the original complainant that he was owner of plot No.13 situated at Nadiad, which was sold to the original accused for sum of Rs.20,000/ - and sale deed was executed in favour of the original accused and towards sale consideration the original accused gave two separate cheques dated 05/01/1990 for Rs.15,000/ - as well as for Rs.5,000/ - respectively and at the time of issuance of the cheques, he also executed one document on stamp paper dated 05/05/1988. It was the case on behalf of the original complainant that at the time when cheques were issued and given, writing document dated 05/05/1988 were given, it was submitted by the original accused that as and when the said cheques are deposited, the same shall be honoured and, therefore, the complainant executed sale deed of the aforesaid plot in favour of the original accused.

(3.) BEING aggrieved by and dissatisfied with the impugned judgement and order of conviction and sentence dated 18/07/2002 passed by learned Chief Judicial Magistrate, Nadiad in Criminal Case No.1190 of 1990 convicting the petitioner herein original accused for the offence punishable u/s.138 of the Negotiable Instruments Act, the petitioner herein original accused preferred Criminal Appeal No.44 of 2002 before learned Sessions Court, Kheda at Nadiad and learned Appellate Court by impugned judgement and order has dismissed the said Appeal confirming the judgement and order of conviction and sentence passed by learned Chief Judicial Magistrate, Nadiad.