VIHOL PRAVINJI PITHUJI Vs. VIHOL AMRATJI LAKSHMANJI

JUDGEMENT

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

(2.) RULE. Shri Deepak D. Prajapati, learned advocate, waives service of notice of rule on behalf of respondent no.1 and Ms. Divyangna Jhala, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.2 - State.

(3.) This Criminal Revision Application is filed challenging the judgment of conviction and order of sentence passed by the learned Additional Chief Judicial Magistrate, Vijapur District Mehsana dtd. 17/1/2022 in Criminal Case No.1897 of 2021 whereby the applicant - accused came to be convicted for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered to undergo Simple Imprisonment for one year. He was further directed to pay to the complainant compensation to the tune of Rs.9,00,000.00 under Sec. 357(3) of the Code of Criminal Procedure, 1973 and was further directed to undergo 3 months Simple Imprisonment in default of payment of compensation thereof. The said order was challenged by the applicant - accused by way of Criminal Appeal No.31 of 2022 and vide judgment and order dtd. 22/4/2022, learned Session Judge, Mehsana confirmed the judgment of conviction and order of sentence, as the applicant - accused did not press the Appeal.