MIHIR RAKESHKUMAR PANDYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP, Ms. Manisha Lavkumar, for the respondent No. 1 and learned advocate for the respondent No. 2, Ms. Meena Vyas, waive service of rule.

(2.) THE applicant-original accused has preferred this application with a prayer to quash and set aside the judgment and order dated 31-7-2007 passed by the learned Presiding Officer and Addl. Sessions Judge, Fast Track Court No. 5, Ahmedabad (Rural), in Criminal Case No. 14 of 2007 whereby the sentence of two years SI imposed on the respondent No. 2-accused by the learned Chief Judicial Magistrate, Ahmedabad (Rural) at Mirzapur, Ahmedabad, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 was quashed and set aside and respondent No. 2 herein was ordered to pay Rs. 80,000/- towards compensation to the original complainant under Sec. 357 of Cr. P. C. Out of amount of Rs. 25,000/- imposed as fine, Rs. 10,000/- were ordered to be paid towards special costs of appeal and rest of Rs. 15,000/- was treated as fine.

(3.) THE respondent No. 2-original accused has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned Chief Judicial Magistrate, Ahmedabad (Rural) at Mirzapur by judgment and order dated 4th April, 2007 in Criminal Case No. 144 of 2005 for dishonour of three cheques issued by the respondent No. 2-original accused whereby the respondent No. 2-accused was sentenced to suffer two years S. I. and to pay fine of Rs. 25,000/-, in default, to suffer further S. I. for two months. The original accused then preferred Criminal Appeal No. 14 of 2007 against the said judgment and order. During the pendency of the appeal, the original accused deposited Rs. 80,000/- with the District Court in pursuance of the order passed by the appellate Court. The matter was not settled between the parties. After hearing the arguments of learned Counsel of both the parties, the appeal was partly allowed vide judgment and order dated 31-7-2007 passed by the learned Presiding Officer and Addl. Sessions Judge, Fast Track Court No. 5, Ahmedabad (Rural), in Criminal Case No. 14 of 2007 whereby the sentence of two years SI imposed on the respondent No. 2-accused by the learned Chief Judicial Magistrate, Ahmedabad (Rural) at Mirzapur, Ahmedabad, for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 was quashed and set aside and respondent No. 2 herein was ordered to pay Rs. 80,000/- towards compensation to the original complainant under Sec. 357 of Cr. P. C. Out of amount of Rs. 25,000/- imposed as fine, Rs. 10,000/- were ordered to be paid towards special costs of appeal and rest of Rs. 15,000/- was treated as fine, which is giving rise to the present revision by the original complainant.