NATWARBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Narendra Chauhan, learned advocate has instructions to appear for respondent no.2. Mr. Narendra Chauhan, learned advocate seeks permission to file his Vakalatnama or appearance note for respondent no.2. Registry is directed to accept the Vakalatnama or appearance note on behalf of respondent no.2.

(2.) RULE. Mr. Utkarsh Sharma, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 - State and Mr. Narendra Chauhan, learned advocate, waives service of notice of rule on behalf of respondent no.2.

(3.) This Criminal Revision Application is directed against an order passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instrument Act Court No.31, Ahmedabad dtd. 30/11/2018 in Criminal Miscellaneous Application No.290 of 2016 convicting the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered him to undergo 1 year Simple Imprisonment and to deposit Rs.5,00,000.00 towards fine and in default of payment of fine he is further ordered to undergo 3 months Simple Imprisonment and after deposit of the amount of fine by the petitioner, Rs.4,90,000.00 is ordered to be given to the original complainant - respondent no.2. The said judgment of conviction and order of sentence was carried in Appeal, being Criminal Appeal No. 707 of 2018, which also came to be dismissed by the learned Additional Sessions Judge, Court No.30, City Sessions Court, Ahmedabad vide 23/12/2021. Both these orders are under challenge in this Criminal Revision Application.