JAYESHBHAI JAYANTIBHAI PANIYAR Vs. SURESHKUMAR BECHARDAS TANK

JUDGEMENT

(1.) AS common question of law and facts arise in these group of Revision Applications and all are between the same parties and Special Criminal Application Nos. 1482/2010; 1484/2010 and 1485/2010 arise out of the judgment and order passed by the learned appellate Court impugned in the aforesaid Revision Applications, all these applications/petitions are heard, decided and disposed of together by this common judgment and order.

(2.) CRIMINAL Revision Application No. 66/2010 has been preferred by the applicant-original accused to quash and set aside the judgment and order dated 16/01/2009 passed by the learned Chief Judicial Magistrate, Surendranagar in Criminal Case No. 348/2002 confirmed by the learned Additional Sessions Judge and Fast Track Court, Surendranagar dated 01/02/2010 in Criminal Appeal No. 1/2009 and consequently direct to refund the fine of Rs. 2 lakhs to the applicant.

(3.) IT appears that the original complainant examined himself and his evidence was recorded by the learned 4 th Judicial Magistrate First Class, Surendranagar. The applicant also led the defense evidence and examined the Bank officials as well as one Shri Bharatbhai Saubhagyachand. All the evidence were recorded by the learned 4th Judicial Magistrate First Class, Surendranagar. It appears that after the evidence was recorded one application was submitted by the applicant to the learned Chief Judicial Magistrate, Surendranagar making some allegations against the learned Judge, who recorded the evidence and before whom the aforesaid Criminal Cases were pending and it was requested to transfer the aforesaid Criminal Cases to another Judicial Magistrate First Class in exercise of the powers under Section 408 of the Code of Criminal Procedure. It appears that thereafter the learned Chief Judicial Magistrate, Surendranagar passed an order under Section 408 of the Code of Criminal Procedure Code to transfer all the aforesaid Criminal Cases to his Court and delivered the impugned judgment and orders considering the evidence recorded by the learned 4th Judicial Magistrate First Class, Surendranagar and convicted the applicant under Section 138 of the Negotiable Instruments Act. Being aggrieved, the applicant preferred Criminal Appeal Nos. 1/2009; 2/2009 and 3/2009 before the learned Additional Sessions Judge, Surendranagar and by impugned judgment and orders the learned Additional Sessions Judge and Fast Track Court, Surendranagar dismissed the said Appeals confirming the respective judgment and order of conviction passed in Criminal Case Nos. 348/2002; 466/2002 and 478/2002. Being aggrieved, the applicant has preferred present Criminal Revision Application Nos. 66/2010 to 68/2010 and as while convicting the applicant-original accused the learned trial Court did not pass any order of compensation, the original complainant has preferred Special Criminal Application Nos. 1482/2010; 1484/2010 and 1485/2010.