REKHABEN DASHRATHBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring present application, applicant has requested to quash and set aside the judgment and order dtd. 18/12/2021 passed by learned District and Sessions Court, Ahmedabad (Rural) at Ahmedabad in Criminal Appeal No. 26 of 2021 as well as judgment and order dtd. 20/3/2021 passed by learned Additional Judicial Magistrate Court, Ahmedabad (Rural), at Ahmedabad in Criminal Case No. 4022 of 2014 for the offence punishable under Sec. 138 of the NI Act for not imposing adequate imprisonment, fine and just and proper compensation as provided under Sec. 138 of the NI Act, 1881.

(2.) Heard learned advocate for the applicant.

(3.) It was submitted by learned advocate for the applicant that both the courts have committed error in passing order directing the applicant herein to pay Rs.1.00 lac to the respondent no. 2/original accused. That, learned Sessions Court has confirmed the order of conviction and directed the applicant to pay Rs.1.00 lac to the respondent no. 2 is illegal and without application of mind. That, as per the judgment of the Hon'ble Apex Court in case of 2021 (5) SCC 283, court should uniformly levy fine upto twice the cheque amount alongwith suitable interest at the rate of 9% p.a. That, no interest @ 9% p.a. was awarded to the present applicant. Hence, learned advocate for the applicant has limited his arguments on the issue of interest at the rate of 9% p.a. not awarded to the applicant.