NITINKUMAR BANSILAL RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned advocate, Ms. Manisha Lavkumar, learned APP and learned advocate, Mr. A. V. Vyas 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 by the learned Judicial Magistrate (First Class), Dakor, by judgment and order dated 6-2-2009 in Criminal Case No. 844 of 2005 and the applicant accused was sentenced to suffer six months' simple imprisonment and to pay fine of Rs. 2,000/-, in default, to suffer further 15 days SI.

(3.) BEING aggrieved and dissatisfied with the said judgment and order, the applicant-accused preferred appeal before the learned District and Sessions Judge, Kheda at Nadiad. However, the said Criminal Appeal was dismissed by the learned Judge by judgment and order dated 11-11-2009 passed in Criminal Appeal No. 5 of 2009.