PATADI JINNING FACTORY Vs. ARJANBHAI GOVABHAI MORI MD

JUDGEMENT

(1.) RULE. Learned advocate, Mr. Nitin M. Amin and learned Addl. Public Prosecutor, Mr. K. P. Raval waive service of rule on behalf of the respondent Nos. 1 and 2 respectively.

(2.) THE applicants-accused were convicted for the offences punishable under Section 138 of the Negotiable Instruments Act by the learned Judicial Magistrate (First Class), Viramgam, by judgment and order dated 12-9-2007 in Criminal Case No. 678 of 2003 and the applicant No. 2 accused was sentenced to suffer 15 months simple imprisonment and to pay compensation of Rs. 6,93,026/- to the complainant, in default, to suffer further 3 months SI. However, the original accused Nos. 5,6 and 7 were acquitted. The original accused Nos. 3,4 and 8 however have settled the matter and hence they were discharged by order passed upon Ex. 104.

(3.) BEING aggrieved and dissatisfied with the said judgment and order, the applicants-accused preferred appeal under Sec. 374 (3) of the Code of Criminal Procedure before the learned Presiding Officer and Addl. Sessions Judge, Fast Track Court No. 1, Ahmedabad (Rural) at Viramgam. However, the said Criminal Appeal was dismissed by the learned Addl. Sessions Judge, Fast Track Court No. 1, Viramgam by judgment and order dated 12-6-2008 passed in Criminal Appeal No. 2 of 2007.