SAROSIL ULTRACHEM (EXPORTS) LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals are arising from the same order of conviction and sentence recorded by the learned Metropolitan Magistrate by judgment and order dated 31.07.2000 in Criminal Case No. 551 of 1997 partly confirmed by the Additional City Sessions Judge, Court No.-19, Ahmedabad by its order dated 23.02.2001 in common judgment in Criminal Appeal No.52 of 2000 with Criminal Revision Application No. 173 of 2000. The conviction recorded by the Metropolitan Magistrate and partially modified by the City Sessions Court, Ahmedabad was in connection with the proceedings initiated under Section 138 of the Negotiable Instruments Act.

(2.) Criminal Appeal No. 4 of 2002 is preferred by Jayantilal Chimanlal Adani (original complainant) against clear acquittal recorded by the City Sessions Court of original accused No.4 and also recording that accused no.1, 2 and 3 not guilty for dishonor of cheque of Rs.4,75,000/- drawn by accused no.1, company in favour of the complainant. The Criminal Revision Application No. 83 of 2001 is filed by original accused no.1, 2 and 3 against the conviction by the Metropolitan Magistrate Court No.9 under Section 138 of the Negotiable Instruments Act and confirmed by the Additional City Sessions Judge, Ahmedabad in Criminal Appeal No.52 of 2000.

(3.) The facts in brief are as under:-