SUNIL CHANDUMAL BHANGYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD learned Advocates appearing for the respective parties. It appears from the Order dated 21.10.2008 passed by this Court that the petitioner was released on bail on depositing an amount of Rs. 1,60,000/ - within a period of two weeks from the date of the said order and it was informed that the said amount has been deposited by the applicant and the same has been withdrawn by the respondent ­ original complainant.

(2.) BY way of the present Revision Application, the applicant has challenged the Order dated 15.9.2008 passed in Criminal Appeal No. 166 of 2007 by the learned Additional Principal Sessions Judge, Ahmedabad as well as the Order dated 20.11.2007 passed in Criminal Case No.5204 of 2005 by the learned Metropolitan Magistrate, Ahmedabad, by which the present applicant was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced for one year simple imprisonment and imposed a fine of Rs. 5,000/ - and in default, to undergo further simple imprisonment of three months. The said decision of the learned Magistrate was challenged by the applicant before the City Sessions Court by way of filing Criminal Appeal No.166 of 2007. The learned Additional Principal Judge, Court No.2, City Sessions Court, Ahmedabad, dismissed the appeal by judgment and Order dated 15.9.2008 and confirmed the judgment and order passed by the Trial Court. Hence, the present Revision Application. It appears from the judgment and order of the Trial Court that the accused had given different cheques for a total sum of Rs. 1,60,000/ - in the name of the complainant, but the same were returned by the Bank with an endorsement that "having no sufficient funds in the account". As stated here -in -above, since amount has been paid by the applicant­original accused to the respondent - complainant way back in the year 2008, the following order is passed which would meet the ends of justice:

(3.) RULE is made absolute to the aforesaid extent only.