MADHULIKA MANOJ AGRAWAL Vs. SHEWETA RAMESHCHANDRA GUPTA

JUDGEMENT

(1.) The applicant -original accused in Criminal Case No.2015 of 2000 being aggrieved by the judgement and order dated 27th March 2006 passed by the learned Additional Civil Judge & Judicial Magistrate, First Class, Navrangpura, Ahmedabad (Rural), which was confirmed in Criminal Appeal No.4 of 2006 by the learned Presiding Officer, Fast Track Court No.6, Ahmedabad (Rural) by his judgement and order dated 11th July 2006 is before this Court.

(2.) In the present case, the applicant -accused was convicted for an offence under sec.138 of the Negotiable Instruments Act and awarded 1 year simple imprisonment, fine of Rs.5000/ -; in default 1 month simple imprisonment. The order was upheld by the learned Additional Sessions Judge by judgement and order dated 11.07.2006.

(3.) Mr.Gupta, learned advocate appearing for respondent no.1 herein submitted that the amount was given to the present applicant prior to year 2000 for a while as the same was required for the business. But then the same was not returned. It was only when respondent no.1 insisted for repayment of the same, a cheque bearing No.025509 dated 19.05.2000 of Rs.2 lakhs, drawn on Nutan Nagarik Sahkari Bank Ltd., Jodhpur, Satellite Branch was given. The same was dishonoured, which gave rise to Criminal Case No.2015 of 2000. He submitted that neither the learned JMFC nor the learned lower appellate Judge has considered the question of granting any compensation to respondent no.1. He submitted that he is aware of the fact that this Criminal Revision Application is filed by the original accused and therefore, he cannot insist for passing any order with regard to compensation. He submitted that however, if it is deemed fit the Court may pass an order awarding some compensation, as the complainant has suffered loss of interest.