ORDER :

1. This petition is filed under Article 227 of the Constitution of India, wherein, the petitioner has challenged the order dated 17.01.2022, passed by the learned Additional Civil Judge & J.M.F.C., Gir-Somnath (in brief, ‘the trial Court’), in the application, Exhibit 39 in Criminal Case No. 232 of 2016.

2. Heard, learned Advocate, Mr. R.N. Majmudar, with learned Advocate, Mr. N.K. Majmudar, appearing for the petitioner and learned APP, Mr. L.B. Dabhi, for the Respondent-State.

3. Learned Advocate, Mr. Majmudar, appearing for the petitioner submitted that the original complainant-Respondent No.2, herein, had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter, ‘NI Act’), being Criminal Case No. 232 of 2016, before the trial Court concerned at Veraval.

3.1 It was submitted that the trial Court vide order dated 07.04.2021, convicted the petitioner and sentenced him to undergo simple imprisonment for the period of six months and to pay fine of Rs.4,00,000/-, as per Section 357(3) of the Code of Criminal Procedure, 1973 (for short, ‘the Code’). A copy of the order dated 07.04.2021 is placed on record at Page 41 of the compilation.

3.2 It was furt