1.00. Present Revision Application under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original accused to quash and set aside the impugned Judgement and Order of conviction and sentence passed by the learned Judicial Magistrate (First Class), Mehsana in Criminal Case No. 1098 of 2004 dtd.16/4/2009, by which the petitioner - original accused has been convicted for the offence punishable under section 138 of the Negotiable Instruments Act and ordered to undergo Simple Imprisonment for a period of six months with fine of Rs.5,000/- and in default, to undergo further Simple Imprisonment for a period of One Month and further directed the petitioner - original accused to pay Rs.3,50,000/- to the original complainant, towards compensation under section 357(2) of the Code of Criminal Procedure. The petitioner herein – original accused has also challenged the impugned Judgement and Order passed by the learned appellate court - learned Additional Sessions Judge, Mehsana in Criminal Appeal No.47 of 2009 dtd.13/10/2010, by which the learned appellate court has dismissed the said appeal preferred by the petitioner herein – original accused confirming the Judgement and Order passed by the learned trial court.

2.00. That the respondent No.2 herein – original complainant filed Criminal Case No. 1098 of 2004 against the petitioner herein – original accused in the court of learned Judicial Magistrate (First Class), Mehsana for the offence under section 138 of the Negotiable Instruments Act for dishonour of the cheque of Rs.3,50,000/- dtd.5/2/2004 drawn on Sarvodaya Commercial Cooperative Bank Limited, Mehsana Branch. It was the case on behalf of the complainant that when the said cheque was deposited, the same came to be dishonoured with the endorsement “insufficient fund” and thereafter the complainant issued and served statutory notices dtd.12/2/2004 by RP AD as well as UPC and though the notices came to be served, the amount under the cheque in question was not paid and therefore, the respondent No.2 – original complainant filed the aforesaid complaint and requested to convict the petitioner – original accused for the offence under section 138 of the Negotiable Instruments Act.

2.01. That plea of the accused came to be recorded and he pleaded not guilty and therefore, he came to be tried.

2.02. Thereafter the complainant led evidence and thereafter Further Statement of the accused came to be recorded under section 313 of the Code of Criminal Procedure. Thereafter, at the conclusion of the trial, the learned trial court has convicted the petitioner for the offence punishable under section 138 of the Negotiable Instruments Act for dishonour of the cheque and imposed punishment of Simple Imprisonment for a period of six months.

2.03. Being aggrieved by and dissatisfied with the Judgement and Order of conviction and sentence passed by the learned Judicial Magistrate (First Class), Mehsana, in Criminal Case No. 1098 of 2004 dtd.16/4/2009 petitioner herein – original accused preferred Criminal Appeal No.47 of 2009 before the learned Sessions Court, Mehsana and the learned appellate court - learned Additional Sessions Judge, Mehsana, by the impugned Judgement and Order dtd.13/10/2010 has dismissed the said appeal confirming the Judgement and Order of conviction and sentence passed by the learned trial court.

2.04. Being aggrieved by and dissatisfied with the Judgement and Orders passed by both the courts below, petitioner herein – original accused has preferred present Revision Application under section 397 read with section 401 of the Code of Criminal Procedure.

3.00. Mr.Amit Chaudhary, learned advocate appearing on behalf of the petitioner herein – original accused has vehemently submitted that in the present case, plea and evidence has been recorded by one learned Magistrate and thereafter the case was transferred to another learned Magistrate and the successor Magistrate has re