SUBHASH CHUNNILAL GANDECHA Vs. MEHANDIBHAI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard Mr. PN.Mehta, Adv. for the Petitioner, Mr.F.TMirza, Adv. for Respondent No.l and Mr.A.I.Sheikh, Adv. for Respondent No.2.

(2.) By this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, the petitioner has approached this Court for quashing and setting aside the order dt.30.1.2010 passed by the learned Additional Sessions, Kelapur in Criminal Appeal No.21 of 2008.

(3.) It appears that the present petitioner was prosecuted in a Complaint Case u/s. 138 of the Negotiable Instruments Act in the Court of the Judicial Magistrate, First Class, Pandharkawada in Summary Criminal Case No.374 of 2008 decided on 29.11.2008 whereby the petitioner was convicted for the offence punishable u/s. 138 of the Negotiable Instruments Act and was sentenced to suffer simple imprisonment for three months and to pay a fine in the sum of Rs.3,50,000/-; in default of payment of fine, he was directed to further undergo simple imprisonment for one month. The amount of fine, if recovered, was directed to be paid to the complainant Mehandibhai as compensation u/s. 357 (1) of the Code of Criminal Procedure.