HARSHADKUMAR BANSILAL BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitioner has filed this Revision Application with a prayer to quash and set aside the judgment and order dated 15. 7. 2009 passed by the learned Addl. Sessions Judge, FTC No. 4, Nadiad in Appeal No. 68 of 2007 confirming the judgment and order passed by the learned Judicial Magistrate First Class, Mahemadabad in criminal case No. 197/2003 whereby the learned Magistrate had convicted and sentenced the accused to suffer six months' simple imprisonment and to pay fine of Rs. 2,500/- for offence punishable under section 138 of th Negotiable Instruments Act.

(2.) RULE. Learned APP Mr R C Kodekar waives service of Rule for respondent No. 1-State and learned Advocate Mr Shailesh Sharma waives service of Rule for respondent No. 2. The facts of the case in brief are as under:

(3.) THE present respondent No. 2-Credit Society is registered under the provisions of Cooperative Societies Act and is lending money to its members on interest. It is alleged that as a member of the said society, on 31. 3. 1999, the present applicant-original accused had obtained a loan of Rs. 20,000/- for his business from the present society and the applicant could not repay the remaining loan amount to the respondent. The respondent No. 2 society initiated recovery proceedings against the present applicant. During that recovery proceedings, one cheque bearing No. 796139 dated 8. 1. 2003 of the Kheda District Central Coop. Bank Ltd. was given by the present applicant. On presentation, the said cheque was dishonoured for insufficient fund. Thus, the respondent society filed criminal case No. 197 of 2003 through Recovery Officer against the present applicant under section 138 of the Negotiable Instruments act before the court of Learned Judicial Magistrate First Class, Mahemadabad. The learned JMFC, by judgment and order dated 1. 11. 2007 convicted the accused for offence under section 138 of the Negotiable Instruments Act as aforesaid. The said judgment and order was challenged by the petitioner before the Sessions Court by Criminal Appeal No. 68 of 2007 which was dismissed by the learned Addl. Sessions Judge, Nadiad. Both these orders are under challenge in this revision application.