ASHOKBHAI MALJIBHAI VADHEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP, Mr. K. V. Pandya and learned advocate, Mr. D. V. Shah, 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, 1881, by the learned J. M. F. C. , Court No. 3, Surat, by judgment and order dated 22-8-2007 in Criminal Case No. 265 of 2004 and the applicant accused was sentenced to suffer six months' simple imprisonment and to pay fine of Rs. 1,000/-, in default, to suffer further 15 days imprisonment and also ordered to pay compensation of Rs. 2,400/- under Section 357 of the Criminal Procedure Code.

(3.) BEING aggrieved and dissatisfied with the said judgment and order, the applicant accused preferred Criminal Appeal No. 70 of 2007 under Sec. 374 (3) of the Code of Criminal Procedure before the learned Addl. Session Judge, Surat. However, the said Criminal Appeal was dismissed by the learned 5th Addl. District and Sessions Judge, Surat, by judgment and order dated 10-6-2009.