PUSHPARAJSINH ANOPSINH CHUDASHAMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. The present petition is filed for seeking following main reliefs:

(2.) Brief facts as per the case of petitioner in this petition are as such that the respondent no.2 original complainant has filed the private complaint under Sec. 138 of the Negotiable Instruments Act against the present petitioner which is registered as Criminal Case No. 230 of 2018 before the learned Add. Chief Judicial Magistrate Court, At Dhari. It is further the case of the petitioner in this petition that respondent no.2 filed an application vide Exhibit 23, inter alia, praying to direct the petitioner to deposit the 20% amount of the cheque as interim compensation under Sec. 143 (A) of the Negotiable Instrument Act. The petitioner filed his reply and objection to the application at Exhibit 23. The learned Magistrate Court be pleased to allowed the application Exhibit 23 directing the petitioner to deposit the amount of 20% of the cheque amount to the complainant by order dtd. 25/4/2019. It is further the case of the petitioner in this petition that the petitioner filed Revision Application before the learned District and Sessions Court against the order below Exhibit 22 but the learned Additional Sessions Court returned the Revision by order dtd. 31/5/2019 holding that revision is maintainable. Being aggrieved by the order passed by the Learned Trial Court below Exhibit 23 dtd. 25/4/2019, the present petition is preferred.

(3.) Heard learned Mr. Pravin Gondaliya for the petitioner, learned advocate Mr. Maulik Nanavati for Nanavati & Co for the respondent No.2 and Mr. Soaham Jishi, learned APP for the respondent No.2 - State.