MINAXIBEN DEVAJIBHAI SOLANKI Vs. DARAMRAJ RAMESH CHANDRA ACHARYA

JUDGEMENT

(1.) RULE. Learned advocate, Mr. K. D. Acharya and learned Addl. Public Prosecutor, Mr. K. P. Raval, waive service of rule on behalf of the respondent Nos. 1 and 2 respectively.

(2.) THE applicant-accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act vide judgment and order dated 26-11-2008 passed in Criminal Case No. 1166 of 1999 by the learned 2nd Addl. Senior Civil Judge and Judicial Magistrate (First Class), Patan, and he was sentenced to suffer six months imprisonment and to pay fine of Rs. 2500/- , in default, to suffer further one month SI.

(3.) BEING aggrieved and dissatisfied with the said judgment and order, the applicant accused preferred appeal under Sec. 374 (3) of the Code of Criminal Procedure before the Sessions Court. However, the said Criminal Appeal was dismissed vide judgment and order dated 30-6-2009 passed in Criminal Appeal No. 46 of 2008 by the learned Addl. Sessions Judge, Fast Track Court No. 2, Patan.