OMPRAKASH SHANKERLAL GUPTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present applications under Section 397 read with Section 401 of Code of Criminal Procedure 1973 original complainant has challenged the adequacy of sentence imposed by learned Additional Senior Civil Judge and Judicial Magistrate First Class, Viramgam by judgements and order dated 5th April 2008 and 3rd August 2007 in Criminal Case No. 482 of 2003 and 481 of 2003 respectively.

(2.) THE respondent accused has been convicted for the offence under Section 138 of the Negotiable Instruments Act and has been sentenced for three months and imposed a fine of Rs. 5000/, in default, to undergo further simple imprisonment for 15 days in Criminal Case No. 482 of 2003 and has been similarly convicted in Criminal Case No. 481 of 2003 for the offence under Section 138 of the Negotiable Instruments Act and has been sentenced for 6 months and also directed the respondentaccused to pay an amount of Rs.40000/ to the petitioner and in default thereof to undergo rigorous imprisonment for one month.

(3.) HAVING been aggrieved by the inadequacy of sentence the present Criminal Revision Applications have been preferred.