RAMESHBHAI SOMABHAI PATEL Vs. DINESHBHAI ACHALANAND RATHI

JUDGEMENT

(1.) This Court while issuing notice for final disposal on 13.1.2004, notice was made returnable on 28.01.2004. However, the matter has not been listed and so today, at the request of ld. counsel Mr. Dave appearing for the petitioner, papers of this matter are called from the Registry and matter is taken up for final disposal.

(2.) Rule. Service of Rule is waived by ld. APP Ms. Nandini Joshi for respondent No.2 State. Respondent No.1 complainant Mr. Rathi is also present in the Court and he waives service of Rule.

(3.) That the petitioner came to be tried and convicted for the offence punishable under Sec.138 of The Negotiable Instruments Act (herein after referred to as the N.I.Act) and by impugned judgment and order of sentence dated 31.1.2000 passed by ld. Metropolitan Magistrate, Court No.19, Ahmedabad in Criminal Case No.272/1997, and was sentenced to suffer S/I for 1 year and to pay a fine of Rs.5,000/ I/d to undergo further S/I for 3 months and also to pay compensation of Rs.25,000/ to the complainant. The petitioner challenged the said judgment and order by filing Cri.Appeal No.4/2000 in the Court of ld. City Sessions Judge, Ahmedabad, and ld. Addl. City Sessions Judge, Court No.7, Ahmedabad, vide judgment dated 28.11.2003 has dismissed the said Criminal Appeal. The petitioner has, therefore, filed present Cri. Revision Application challenging both the aforesaid impugned judgments and orders.