JAYESH GHANSHYAMBHAI SONI Vs. CHIRAG MANHARBHAI PATEL

JUDGEMENT

(1.) Mr.Dushyant C.Dave, learned advocate for respondent No.1 herein has instructions to appear for him. The Registry is directed to accept the Vakalatnama of the learned advocate for respondent No.1.

(2.) Rule. Mr.Dushyant C.Dave, learned advocate for the respondent No.1 herein waives service of rule and Ms.Jirga Jhaveri, learned APP waives service of rule on behalf of respondent No.2-State.

(3.) This Revision Application is preferred challenging the judgment of conviction and order of sentence passed by learned 2nd Additional Judicial Magistrate First Class, Anand dated 30.12.2017 in Criminal Case No.3620 of 2016 convicting the applicant for an offence under Section 138 of the Negotiable Instruments Act and ordering him to undergo simple imprisonment for 12 months and with a fine of Rs.5000/- and in default of payment of fine, with a further direction to undergo simple imprisonment for one month. Over and above that, learned Magistrate had directed the applicant to pay Rs.4,50,000/- i.e. the cheque amount as compensation to the complainant. The said order of the learned Magistrate carried in appeal by the applicant vide Criminal Appeal No.16 of 2018 which came to be dismissed by the learned Additional Sessions Judge, Anand on 2.4.2019 confirming the judgment and order passed by learned Magistrate in toto. Both the orders are under challenge before this Court.