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2015 Supreme(Guj) 1070

SONIA GOKANI
Mukundlal Mohanlal Gandhi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant :S.P. Hasurkar, Advocate.
For the Respondent:Amrish K. Pandya, Advocate, Hansa Punani, Addl. Public Prosecutor.

JUDGMENT :

Sonia Gokani, J.

By way of present Revision Application preferred by the applicant under section 397 read with section 401 of the Code of Criminal Procedure, 1973, the applicant has challenged the legality and validity of the judgment and order of conviction and sentence dated March 05, 2012 rendered by the learned 11th Additional Chief Judicial Magistrate, Vadodara, in Criminal Case No.1817 of 1999, as also the judgment and order dated August 20, 2014 rendered by the learned 3rd Additional District and Sessions Judge, Vadodara in Criminal Appeal No.36 of 2012, whereby the learned Judge has confirmed the judgment and order of conviction and sentence passed by the trial Court, whereby the trial Court convicted the applicant for the offence punishable under section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and sentenced him to undergo simple imprisonment for one year and a fine of Rs.5000/-, in default to undergo simple imprisonment for 15 days.

2. The facts in brief are as under :-

2.1 The respondent No.2 complainant is in the business of trading in edible oil, who supplied oil to the applicant convict. Three cheques were given to the








































































































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