PATEL HARSHADBHAI JAYANTIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The affidavit filed by the respondent No.2 ?original complainant is taken on record. Rule. Ms. M.H.Bhatt, learned APP waives service of notice of rule for and on behalf of the respondent No.1 and Mr. Dinesh Chaudhary, learned advocate waives service of notice of rule for and on behalf of the respondent No.2 ?original complainant.

(2.) By way of present Criminal Revision Application, the applicant has challenged the order of conviction and sentence dated 12th March, 2019 passed by learned Additional Judicial Magistrate First Class, Visnagar in Criminal Case No. 1145 of 2015 convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to undergo simple imprisonment for one & half year and pay compensation Rs. 4,14,000/ ? as well as order dated 27th August, 2018 passed by learned 4th Additional Sessions Judge, Mehsana at Visnagar in Criminal Appeal No. 26 of 2019 whereby, the learned first appellate Court has been pleased to dismiss the said appeal and confirmed the judgment and order of conviction and sentence passed by the learned trial Court.

(3.) The facts of the present case are summarized as under: