One Saraswati Trading Company, through its Manager and Administrator-Patel Dalabhai Sonabhai is before this Court. In the memo of the revision application said Patel Dalabhai Sonabhai is described as applicant (original complainant) Prayer made in the revision application is:-

“6(b). To quash and set aside the order at Annexure-A dated 12-9-2006 passed by the Learned Additional Sessions Judge, Deesa at Banaskantha in Criminal Appeal No.30 of 2003.” The learned Additional Sessions Judge, Banaskantha at Deesa was pleased to allow the appeal against the judgment and order passed in Criminal Case No.749 of 2001 by the learned 2nd Joint Judicial Magistrate First, Dhahera (JMFC, for short) dated 1-10-2003, whereby the appellant was held guilty of offence under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short). The learned JMFC was pleased to hold that the accused-Chaudhari Govindbhai (Govabhai) Bechardas is guilty of an offence under Section 138 of the Act and a warded him 1 year's R.I., fine of Rs. 5,000/- and in default, further 3 months R.I.

The learned JMFC was pleased to order compensation under Section 357 of the Criminal Procedure Code ("the Code", for