RAGHUBHAI SURABHAI BHARWAD Vs. SATISHKUMAR RANCHHODDAS PATEL

JUDGEMENT

(1.) The petitioner abovenamed has filed the present Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, in order to challenge the judgment and order dated 19-6-1995 recorded by the learned Additional Sessions Judge, Ahmedabad (Rural) at Mirzapur in Criminal Appeal no.16/1994 confirming the judgment and conviction order dated 6-6-1994 recorded by the learned Judicial Magistrate, First Class, Ahmedabad (Rural) at Mirzapur in Criminal Case no.47/1992 under which the learned Magistrate had convicted the present petitioner for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to suffer S.I. for six months and to pay fine of Rs.25,000.00, and in default of payment of fine, to further undergo S.I. for three months and also to pay compensation of Rs.22,000.00.

(2.) The first respondent had filed the aforesaid criminal case before the aforesaid Court stating that the petitioner was required to pay an amount of Rs.23,000/to the first respondent and with a view to satisfy the said due, the petitioner had issued a cheque of Rs.22,000/dated 5-12-1991. Further details are as follows: 1. 5-12-1991 Date of cheque of Rs.22,000.00. 2. 6-12-1991 Presentment and dishonour of cheque. 3. 12-12-1991 Second presentment. 4. 17-12-1991 Second dishonour of cheque. 5. 18-12-1991 Statutory notice. 6. 10-1-1991 Complaint

(3.) The first respondent contended before the trial Court that the cheque was dishonoured twice and yet the petitioner did not pay the said amount to the first respondent despite notice as aforesaid, and therefore, the said complaint was filed.