RAJUBHAI RATILAL GOSWAMI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Ms.Zeel N. Raval, learned advocate has instructions to appear for respondent no.2. She is in process of filing her appearance in the Registry. She tenders an affidavit on behalf of Respondent No.2, Himanshu Vimalgiri Goswami, who is personally present before this Court and duly identified by her. The said affidavit is taken on record.

(2.) RULE. Shri J.K.Shah, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 - State and Ms.Zeel N. Raval, 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 3 rd Additional Chief Judicial Magistrate, Bhuj - Kutch, dtd. 14/10/2019 in Criminal Case No.615 of 2018 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 as also Rs.5,000.00 as compensation. Over and above that, Rs.5.00 lacs being the cheque amount, was ordered to be paid to the complainant as compensation. The said judgment of conviction and order of sentence was carried in Appeal being Criminal Appeal No. 89 of 2019, which also came to be dismissed by the learned 5 th Additional Sessions Judge, Bhuj-Kutch vide order dtd. 12/7/2022. Both these orders are under challenge in this Criminal Revision Application.