GUNVANTRAI HARISHANKAR DAVE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision under Ss. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short the Code ) challenges the judgment and order dtd. 09/02/2011 rendered by the learned JMFC, Bagsara in Criminal Case No.8 of 2002 which has been confirmed by the learned Sessions Judge, Amreli on 09/04/2012 in Criminal Appeal No.6 of 2011 whereby the present revisionist has been held guilty for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short the NI Act ) and sentenced to undergo seven months simple imprisonment with fine of Rs.10,000.00 in default thereof two months SI. It was also ordered to pay to complainant an amount of Rs.4,506.00 under Sec. 357(1) of the Code towards the compensation.

(2.) Brief facts of the case are that the revisionist obtained a loan of Rs.45,000.00 at the rate of 20% from respondent No.2 under the loan agreement with terms and conditions. The revisionist was required to repay the amount of loan by way of monthly installment and therefore by way of cheque no.108099 dtd. 15/10/2001 in the sum of Rs.4506.00 the first installment was paid; however the said cheque was returned as unpaid.

(3.) Heard learned Advocates appearing for the respective parties.