DAHIBEN MAVJIBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. P.S.Datta, learned advocate has instructions to appear for and on behalf of respondent no.2 - original complainant. He is in process of filing his Vakalatnama for respondent no.2. Registry is directed to accept the Vakalatnama on behalf of respondent no.2. However, he tenders to the Court an agreement entered into between the petitioner - accused and respondent No.2 - complainant dtd. 20/12/2022, which is ordered to be taken on record.

(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. P.S.Datta, 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 the 03rd Additional Chief Judicial Magistrate, Godhra - Panchmahal, dtd. 24/2/2021 rendered in Criminal Case No.3260 of 2016, 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 her to undergo 1 year's simple imprisonment. Over and above that, Rs.4,50,000.00 was ordered to be paid to the complainant as compensation and in default of payment of compensation, she 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.64 of 2021 and it has been confirmed by the 06 th Additional Sessions Judge, Panchmahal at Godhra, vide order dtd. 21/9/2022. Both these orders are under challenge in this Revision Application.