PATEL GANESH DWARKADAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) LEAVE to amend. Rule. Learned APP Mr. K. P. Raval waives service of rule on behalf of respondent No. 1-State and learned advocate Mr. N. N. Prajapati, waives service rule on behalf of respondent No. 2.

(2.) THE present petitioner is accused in Criminal Case No. 578 of 2005 in connection with the offence punishable under Section 138 of the Negotiable Instruments Act. The complaint was lodged for the said offence before the learned Judicial Magistrate (First Class), Siddhpur. At the end of the trial, the learned Magistrate passed an order dated 26. 11. 2008, convicting the present petitioner accused for the offence punishable under Section 138 of the Negotiable Instruments Act, and sentenced to suffer simple imprisonment for one year with fine of Rs. 5,000/-, in default, further simple imprisonment of two months. The petitioner challenged the aforesaid order by way of filing Criminal Appeal No. 44 of 2008 before the learned Addl. Sessions Judge, Fast Track Court No. 2, Patan. The learned Judge after hearing the advocates for both the parties, passed an order on 6. 6. 2009 dismissing the appeal.

(3.) FEELING aggrieved by the aforesaid two orders, the present petitioner has preferred the present revision application before this Court.