NITIN SANMUKHLAL MODI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Rakesh Sharma, learned advocate has instructions to appear for and on behalf of respondent no.2 -original complainant. He seeks permission to file his Vakalatnama for respondent no.2 within a period of two days. Registry is directed to accept the Vakalatnama on behalf of respondent no.2.

(2.) RULE returnable forthwith. Ms. Asmita Patel, learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of respondent no.1 - State and Mr. Rakesh Sharma, learned advocate, waives service of notice of rule for and on behalf of respondent no.2 - complainant.

(3.) This Revision Application is directed against an order passed by 19th Additional Chief Judicial Magistrate, Surat dtd. 6/1/2021 rendered in Criminal Case No.45036 of 2014, whereby the Trial Court convicted the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "the Act") and ordered him to undergo 12 months' simple imprisonment. Over and above that, Rs.3,06,550.00 was ordered to be paid to the complainant as compensation and in default of payment of compensation, he is ordered to further undergo 3 months' simple imprisonment. The said judgment of conviction and order of sentence was carried in Appeal being Criminal Appeal No.40 of 2021 and confirmed by the 03rd Additional District Judge, Surat, vide order dtd. 22/3/2022. Both these orders are under challenge in this Revision Application.