RAJESHBHAI GUNVANTBHAI AJMERA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In Revision Application no.553 of 2006 the petitioner-Rajeshbhai Gunvantbhai Ajmera has challenged the judgment and order dated 25-7-2005 passed by the learned 5th Additional Sr. Civil Judge & J.M.F.C.,Amreli, in Criminal Case no.953/2002 whereby he was convicted and sentenced to suffer S.I. for a period of seven days and to pay fine of Rs.500/- in default, to undergo S.I. for a period of two days, as also, the judgment and order dated 11-8-2006 passed by the learned Sessions Judge, Amreli, in Criminal Appeal no.20/2005 confirming the same whereas in Revision Application no.554/2006, the petitioner-Rajeshbhai Gunvantbhai Ajmera, has challenged the judgment and order dated 25-7-2005 passed by the learned 5th Additional Sr. Civil Judge & J.M.F.C., Amreli, whereby he was sentenced to suffer S.I. for a period of seven days and to pay fine of Rs.500/-, in default to undergo S.I. or a period of two days as also the judgment and order dated 11-8-2006 passed by the learned Sessions Judge, Amreli, in Criminal Appeal no.19/2005 confirming the same. Similarly, in Revision Application no.555/2006, the petitioner-Gunvantbhai Jagjivanbhai Ajmera, has challenged the judgment and order dated 25-7-2005 passed by the learned 5th Addl.Sr.Civil Judge & J.M.F.C., Amreli, in Criminal Case no.908/2002 whereby he was convicted and sentenced to suffer S.I. for a period of seven days and to pay a fine of Rs.500/-, in default, to undergo S.I. for a period of two days ,as also ,the judgment and order dated 11-8-2005 passed by the learned Sessions Judge Amreli, in Criminal Appeal no.18/2005 confirming the same. In each of the criminal cases, the learned Magistrate also ordered fine of Rs.25000/-, Rs.25,000/- and Rs.30,000/-respectively to be paid to the respondent no.2 as compensation under Sec.357 of the Cr.P.C. and in Appeals these amounts were directed to be deposited without any delay by the learned Sessions Judge.

(2.) Since the question involved, the facts as also the parties are almost common in these three Revision Applications, with the consent of the learned Counsel for the parties, the same are taken up together and are being disposed of by this common judgment.

(3.) It is the case of the prosecution that the respondent no.2-complainant in each of these Revisions had lodged three different complaints against the petitioners in each of these applications for the offence punishable under Section 138 of the Negotiable Instruments Act in the Court of the learned Judicial Magistrate, First Class, Amreli. The allegation in the complaints are to the effect that the respondent no.2 had given some amounts to petitioners in each of these applications on interest at the rate of 18% per annum on different occasions and upon demand by the respondent no.2 for return of the amounts, the petitioners in each of these applications had issued three different cheques bearing nos. 4320933 dt.9-7-2002 for Rs.20,000/-, 4320931 dated 9-7-2002 for Rs.20,000/- and 9876560 dated 9-7-2002 for Rs.26,250/- respectively of Dena Bank, Amreli,. According to the respondent no.2-complainant when these cheques were deposited in the said bank the same were dishonoured and returned with the endorsement Sinsufficient funds . This fact was brought to the notice of the petitioners, however, they gave unsatisfactory replies, and therefore, notices were issued to each of the petitioners dated 23-7-2002, 9-7-2002 and 9-7-2002 respectively. The petitioners had neither replied to the notice nor paid the amounts in questions, and therefore, the respondent no.2 lodged three different complaints in the Court of learned Judicial Magistrate First Class, Amreli, against the petitioner which came to be registered as Criminal Case nos.953/2002, 886/2002 and 908/2002. The learned Magistrate after recording of evidence, recorded the further statement of the petitioners accused under Section 313 of the Cr.P.C. Thereafter, after hearing both the sides and considering material before him, the learned Magistrate passed the judgment and order of conviction and sentence dt.25-7-2005 in each of the Criminal Cases as stated in para-1 of this judgment. The petitioners, therefore, preferred Criminal Appeals nos.20/2005, 19/2005 and 18/2005 before the learned Sessions Judge, Amreli, all of which came to be dismissed by judgment and order dated 11-6-2007, giving rise to the present Revision Applications.