BHAVIKKUMAR NALINBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. learned APP waives service of notice of rule on behalf of the respondent-State. Learned advocate Mr.Bhavin Raiyani on behalf of the complainant is permitted to file Vakalatnama on behalf of the complainant.

(2.) This application has been filed challenging the order dtd. 12/3/2024 passed by the learned Principal Senior Civil Judge and Additional Chief Judicial Magistrate, Surendranagar in Criminal Case No. 2402 of 2023 under Sec. 138 of the Negotiable Instrument Act whereby, the learned Magistrate was pleased to convict the applicant herein under Sec. 138 of the Negotiable Instrument Act and had further ordered the Petitioner to undergo simple imprisonment for a period of 2 years. The learned Magistrate also passed the order under Sec. 357(3) for payment of Rs.3,50,000.00 as compensation, failing which, the Petitioner is further ordered to undergo 6 months simple imprisonment.

(3.) On the other hand, learned advocate Mr.Bhavin Raiyani has filed the affidavit on behalf of the complainant stating that the amount is received from the applicant and the complainant is not having any objection if this application is allowed.