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R.R.JAIN
Satish Jayanthilal Shah – Appellant
Versus
Pankaj Mashruwala – Respondent


Counsel for the parties:
For the Petitioner:Mr. B.M. Gupta & Mr. J.B. Dastoor, Advocates.
For the Respondent No.1:Mr. Kiran Acharya. Advocate.
For the State:Ms. K.P. Raval, Advocate.

JUDGMENT

R.R. Jain, J. - These applications arise from Criminal Cases No. 1361 and 1362 of 1992 on the file of Metropolitan Magistrate (Court No. 15), Ahmedabad. In each case the learned Magistrate was pleased to hold the applicant guilty for commission of offence punishable under section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment of one month and to pay fine of Rs. 25.000/- in default, to undergo further simple imprisonment for one month. Aggrieved by the judgment and order of the learned Magistrate dated 14-10-1994. the applicant also preferred Criminal Appeals No. 41 and 42 of 1994. The same were decided by learned Additional City Sessions Judge (Court No.12) Ahmedabad on 1-5-1995, confirming the lower Court's order. Aggrieved by the concurrent finding of both the Courts below, the applicant/original accused has preferred the above revision applications.

2. Since in both cases the parties are same and are also represented by same Advocate and involve common question of law and facts, are heard and disposed of by this common order at notice stage on perusal of record and proceeding received from Trial Court.

3. The applicant/original accused























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