RAMESHBHAI SHANTILAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present revision application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (for short "CrPC"), the applicant has prayed for quashing and setting aside of the judgment and order dtd. 30/7/2011 passed by the learned Metropolitan Magistrate NIA Court No.6, Ahmedabad in New Criminal Case No.1436/2008 (Old Criminal Case No.494/2002) as well as the judgment dtd. 31/1/2012 passed by the learned Additional Sessions Judge, Court No.11, Ahmedabad in Criminal Appeal No.314/2011.

(2.) Perusing the record, it appears that the complainant filed complaint against the present applicant on 13/5/2002 alleging that the applicant has not repaid the hand loan of Rs.95,000.00 given in cash by the complainant to the applicant as complainant and applicant were friends since long. It further appears that after some time, the applicant had given a cheque drawn on Nutan Nagarik Sahkari Bank, Kapdiwas Branch, Ahmedabad which was dishonored with endorsement "Opening Balance Insufficient" and thereafter, the complainant had issued demand notice dtd. 16/4/2002 but of no avail and therefore, the complaint being Criminal Case No.1436/2008 under Sec. 138 of the Negotiable Instruments Act, 1881 (for short "NI Act") was filed.

(3.) The learned Magistrate convicted the present applicant by judgment and order dtd. 30/7/2011 for the offence under Sec. 138 of the NI Act and imposed punishment of six months' simple imprisonment upon the applicant with fine of Rs.5000.00 and in default of payment of fine, further simple imprisonment for three months was imposed. Being aggrieved and dissatisfied, the applicant preferred an appeal being Criminal Appeal No.314/2011 under Sec. 374 of the CrPC which was dismissed by the learned Additional Sessions Judge, Court No.11, Ahmedabad vide judgment and order dated dtd. 31/1/2012 upholding the judgment and order passed by the learned Magistrate. Hence, present applicant has filed the present revision application.