PATEL SANJAYKUMAR JAYANTILAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this petition is made to an order of learned Judicial Magistrate First Class, Mansa dated 21st December 2012 in Criminal Case No. 409 of 2008 as well as order passed by learned Sessions Judge, Gandhinagar in Criminal Case No. 5 of 2013 on 13th July 2015, wherein, it had convicted the applicant­revisionist for the offence punishable under section 138 of the Negotiable Instruments Act and awarded sentence of two years' simple imprisonment with a fine of Rs 10,000/­; and in default of fine, to undergo further imprisonment for six months has been imposed upon the petitioner. When challenged before the Appellate forum, the learned Sessions Judge, Gandhinagar in Criminal Appeal No. 5 of 2013 by its judgment and order dated 13th July 2015 confirmed both conviction and sentence.

(2.) The applicant has chosen to enter into the compromise, pending the admission of this matter.

(3.) Learned advocate Mr. Dagli appearing for the applicant­revisionist has urged that since the matter is now settled and the complainant has chosen to take less amount than the cheque amount, bearing in mind the financial condition of the applicant.