DILIPBHAI MOHANLAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned A. P. P. Ms. Manisha Luvkumar waives service of rule on behalf of the respondent no. 1 while Mr. P. C. Chaudhari waives service of rule on behalf of the respondent no. 2.

(2.) THE present revisionist-original accused has preferred this application with a prayer to quash and set aside the judgment and order dated 30-11-2005 passed by the learned Chief Metropolitan Magistrate Court, Ahmedabad in Criminal Case no. 407 of 2000 convicting and sentencing him to suffer two years S. I. and to pay fine of Rs. 5000/-, in default, S. I. for two months as also the judgment and order dated 24-7-2009 passed by the learned Additional Sessions Judge , Court no. 9, Ahmedabad confirming the same in appeal being Criminal Appeal no. 64 of 2005.

(3.) THE present revisionist--original accused has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned Chief Metropolitan Magistrate Court, Ahmedabad by judgment and order dated 24-8-2007 passed in Criminal Case no. 407 of 200 for dishonour of cheque of Rs. 1,40,000/- whereby the present revisionist-original accused was sentenced to suffer two years S. I. and to pay fine of Rs. 5000/-, in default, S. I. for two months. The present revisionist-original accused then preferred Criminal Appeal no. 64 of 2005 against the said judgment and order which also came to be dismissed by the learned Addl. Sessions Judge Court no. 9, Ahmedabad by judgment and order dated 24-7-2009. It is against these two orders that the present revisionist--original accused has preferred this Revision Application.