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2023 Supreme(Bom) 1686

G. A. SANAP
Govind Banhomal Chawla – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
A.R. Deshpande, Advocate, A.R. Chutke, Advocate, R.P. Joshi, Advocate

JUDGMENT/ORDER

1. Heard.

2. Rule, Rule made returnable forthwith. Heard finally with the consent of learned Advocates for the parties.

3. In this revision application, challenge is to the judgment and order, dtd. 5/2/2020, passed by the learned Additional Sessions Judge, Akola, whereby the learned Sessions Judge dismissed the appeal filed by the applicant/accused against the judgment and order of his conviction and sentence for the offence punishable under Sec. 138 of the Negotiable Instrument Act, 1881 (hereinafter referred to as "the N. I. Act") passed by the learned Judicial Magistrate First Class, Akola. Learned Magistrate by his order dtd. 4/8/2018 had convicted the applicant/accused and sentenced him to suffer rigorous imprisonment for one year and to pay a fine of Rs.4, 60, 000.00 and in default of payment of fine to further suffer simple imprisonment for four months.

4. The facts relevant for deciding this application may be stated as follows: The applicant is the original accused. The non-applicant No.2 is the complainant. In this judgment, parties would be referred by their nomenclature in the complaint. It is the case of the complainant that her family and family of the accu

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