ARVINDBHAI PARSHOTTAMBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under Articles 226 and 227 of the Constitution of India, the applicant - original accused is challenging the order dtd. 29/7/2019 passed by the 2 nd Additional Sessions Judge, Vadodara by which the application to condone the delay in filing statutory appeal against the judgment and order of conviction and sentence under Sec. 138 of the N.I. Act passed by the Trial Court has been rejected.

(2.) Dissatisfied with the order, the applicant has preferred the present application.

(3.) The facts, in brief, are that private complaint being C.C.No.38719 of 2004, for the alleged dishonour of cheque, was filed by the respondent no.2. The 3 rd Additional CJM, Vadodara convicted the applicant herein and sentenced him to undergo one year simple imprisonment and fine of Rs.5,000.00 and default in making the fine, he has to further undergo one month simple imprisonment. The order of the conviction dtd. 26/4/2018 passed in the absence of the applicant-accused on 26/4/2018.