DHRUVABEN BHAVESHKUMAR MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C") challenging the legality, validity and propriety of the judgment and order dtd. 28/9/2011 and 25/6/2015 passed by the learned Additional Chief Judicial Magistrate and learned 6th Additional District and Sessions Judge, Mahesana in Criminal Case No. 889 of 2010 and Criminal Appeal No. 124 of 2011 below Exh.46 respectively whereby, the appellate court had dismissed the Criminal Appeal no. 124 of 2011 confirming the judgment and order dtd. 28/9/2011 passed by the learned trial court convicting the present petitioner-original accused for offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I.Act") and order to undergo sentence of simple imprisonment of one year along with fine of Rs.10,000.00 and in default, simple imprisonment of further period of three months was imposed.

(2.) The facts of the case is that the respondent no. 2 had filed private complaint under Sec. 138 of the N.I.Act for the dishonouring of the cheque of Rs.10,40,000.00 being Criminal Case No. 889 of 2010. On the conclusion of the trial petitioner was held guilty and ordered the sentence as aforesaid.

(3.) Heard the learned advocate Mr.Vaibhav Sheth for the applicant and learned advocate Ms.Tejal Vashi for the respondent no.2.