MAGANLAL TRIBHOVANDAS MAMKHAW Vs. RAJENDRA SHANTILAL JAIN

JUDGEMENT

(1.) RULE. Learned advocate, Mr. Sunil Mehta and learned A. P. P. , Mr. K. P. Raval, waive service of rule on behalf of the respondent Nos. 1 and 2 respectively.

(2.) BOTH the applicants-accused were convicted for the offences punishable under Section 138 of the Negotiable Instruments Act by the learned 11th Addl. Judicial Magistrate, Surat, by judgment and order dated 6-11-2006 in Criminal Case No. 499 of 2002 and the applicant No. 2 accused was sentenced to suffer one year simple imprisonment and both the applicants were ordered to pay compensation of Rs. 3,70,210/- Section 357 (3) of the Criminal Procedure Code with interest @ 6% p. a. arom the date of application till realization.

(3.) BEING aggrieved and dissatisfied with the said judgment and order, the applicants accused preferred Criminal Appeal No. 38 of 2006 under Sec. 374 of the Code of Criminal Procedure before the learned Addl. Session Judge and Presiding Officer, Fast Track Court, Surat. However, the said Criminal Appeal was dismissed by the learned Addl. Sessions Judge, Fast Track Court by judgment and order dated 29-4-2009.