SABAR TREDING Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor waives service of notice of Rule for respondent No.1 State and learned advocate Mr.Yash Dave waives service of notice of Rule for respondent No.2. Learned advocate Mr.Dave is permitted to file vakalatnama in the Registry.

(2.) This application is filed under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code" for short) wherein the applicant has prayed that the judgment and order of conviction dtd. 18/12/2021 passed by learned 2nd Additional Chief Metropolitan Magistrate, Anand, in Criminal Case No.6050 of 2020 and all the other consequential proceedings arising out of the said judgment be quashed and set aside.

(3.) Learned advocate for the applicant has submitted that respondent No.2 herein has filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 ("the N.I. Act " for short) against the applicant for dishonour of cheque amounting to Rs.1,50,000.00. It is submitted that the concerned trial Court, vide impugned order dtd. 18/12/2021, convicted the applicant for the offence under Sec. 138 of the N.I. Act and sentenced him to suffer simple imprisonment for a period of two years and a fine of Rs.10,000.00 was imposed.