CHANDRAKANT GANESHBHAI JADHAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Hardik Mehta, learned APP Mr. Kaash K.Thakkar, learned advocate, waive service of notice of rule on behalf of respective parties. By consent, Rule is fixed forthwith.

(2.) By way of Revision Applications, the applicant - revisionist challenges the judgment of conviction, which punishes the applicant with fine to cheque amount and in default to undergo simple imprisonment for one year, dtd. 14/12/2021 passed by the learned 16th Additional Chief Judicial Magistrate, Surat in Criminal Case Nos.40048, 40059, 40043, 40054 and 40063 of 2018 respectively under Sec. 138 of the Negotiable Instruments Act, 1881. The above sentence was challenged by way of Appeal, which came to be partly allowed on 6/5/2023 by the learned 11th Additional Sessions Judge, Surat in Criminal Appeal Nos.15, 14, 12, 11 and 13 of 2022 respectively, and the default sentence was reduced to 6 months simple imprisonment, while the Revision Applications of the claimant was rejected by Sessions Judge prayed for enhancement of the sentence.

(3.) Mr. Virat G.Popat, learned advocate for the applicant submitted that in the proceeding under Sec. 138 of the Negotiable Instruments Act (for short 'N.I. Act'), the cheques, which were dishonoured, are disputed by the accused on the ground that the entire G.S.T. claims from the government treasuries filed the complainant and the ITC's were not genuine transactions, and therefore, Mr. Popat submitted that thus on that ground no order of sentence was passed by the trial Court; however, the applicant as an accused on conviction was ordered to pay fine to the cheque amount with direction that in default of the fine amount, the accused to undergo simple imprisonment for one year.