NAIMESH P PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned Advocate Mr. A. M. Parekh appearing for the petitioner. Rule. Learned APP Ms. B. R. Gajjar appears and waives service of rule on behalf of respondent No. 1. Respondent No. 2 is present in the Court in response to notice issued earlier vide order dated 27-3-98 and has waived service of rule.

(2.) The petitioner has challenged the legality and propriety of the order passed by the learned Addl. Sessions Judge, Sabarkantha at Himmatnagar, dated 26-2-98 in the matter of Cri. Appeal No. 61/91.

(3.) The respondent-Mukeshkumar Dahyabhai Patel had filed Criminal Complaint No. 181/90 in the Court of learned JMFC, Idar, Dist. Saharkantha under Section 138 of Negotiable Instruments Act. That vide the judgment and order, dated 24-10-91 the present petitioner was convicted for the offence made punishable under Section 138 of Negotiable Instruments Act, and was sentenced to suffer Simple Imprisonment for six months and pay fine of Rs. 4,000.00. That in default of payment of fine the petitioner was ordered to suffer further Simple Imprisonment for two months. That being aggrieved and dissatisfied by the said order of the learned JMFC, Idar the present petitioner preferred Criminal Appeal No. 61/91 under Sec. 374(3) of Cr. P.C., 1973 in the Court of Sessions Judge, Sabarkantha at Himmatnagar. That vide order, dated 26-2-98 the learned Addl. Sessions Judge, Himmatnagar, Sabarkantha District dismissed the said appeal and against said impugned order the petitioner has preferred the present revision application.