S.G. Shah, J.

1. Heard learned advocate, Mr. Saurabh M. Patel for the applicant and learned APP, Mr. K.P. Raval, for the respondent No.1-State, who is a formal party, whereas, learned advocate, Ms. Sneha A. Joshi, for respondent No. 2.

2. Petitioner is original accused and respondent No. 2 is original complainant in Criminal Case No. 180 of 2004 filed by him before the Court of Judicial Magistrate First Class at Modasa under Section 138 of Negotiable Instruments Act. Trial Court, after considering the evidence and submissions of both the sides, by its judgment and order dated 26th November, 2007, held the petitioner guilty of committing offence under Section 138 of Negotiable Instruments Act and thereby awarded him punishment in form of sentence to undergo simple imprisonment for 15 months. The Trial Court has also directed the accused to pay the amount of cheque to the complainant.

3. Being aggrieved by such judgment of conviction, petitioner has preferred an appeal before the Sessions Court at Modasa. The Additional District Judge, Modasa by its impugned judgment and order dated 30th November, 2011 dismissed such Criminal Appeal No. 52 of 2007 and thereby confirmed the jud