HARSHITBHAI BALESHBHAI SUKHADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Rohit Sharma, learned advocate has instructions to appear for respondent no.2. Mr. Rohit Sharma, learned advocate is in the process of filing his Vakalatnama for respondent no.2. Registry is directed to accept the Vakalatnama on behalf of respondent no.2.

(2.) RULE returnable forthwith. Ms. Divyangana Jhala, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 and Mr. Rohit Sharma, learned advocate waives service of notice of rule on behalf of respondent no.2.

(3.) This Criminal Revision Application is directed against an order passed by the learned Additional Chief Judicial Magistrate, Padra dtd. 24/11/2021 in Criminal Case No.1220 of 2019 convicting the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered him to undergo 1 year Simple Imprisonment with fine of Rs.5000.00 and in default of payment of fine the petitioner was ordered to undergo 1 1/2 month Simple Imprisonment. The said judgment of conviction and order of sentence was carried in Appeal, being Criminal Appeal No. 226 of 2021, which also came to be dismissed by the learned 4th Additional Sessions Judge, Vadodara dtd. 5/1/2023. Both these orders are under challenge in this Criminal Revision Application.