JAYESH SHANTILAL PUJARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr.Mahesh K. Poojara, learned advocate has instructions to appear on behalf of Respondent No.2- original complainant, who is personally present before the Court and duly identified by Mr.Poojara. He may file his appearance with the Registry and Registry is hereby directed to accept the same.

(2.) Rule returnable forthwith Mr.Utkarsh Sharma, learned APP waives service of rule on behalf of Respondent-State and Mr.Mahesh Poojara, 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 2nd Additional Chief Judicial Magistrate, Rajkot dtd. 16/9/2017 in Criminal Case No.8847 of 2012 convicting the applicant 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. Over and above that, Rs.1.00lac was ordered to be paid to the complainant as compensation and in default of payment of compensation, he is ordered to further undergo 3 months Simple Imprisonment. The said judgment of conviction and order of sentence was carried in appellate Court by filing application for delay condonation being Criminal Misc. Application No.2893 of 2017, which also came to be dismissed by the learned Sessions Judge, Rajkot vide order dtd. 17/1/2018.