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2024 Supreme(Guj) 664

J. C. DOSHI
Dhansukhbhai Jerambhai Hirpara – Appellant
Versus
Pravinbhai Polabahi Boriya – Respondent


ORDER :

1. On 29.02.2024, this court has passed the following order:-

    “1. Though, the matter was called repeatedly, the learned Advocate for the petitioner did not remain present.

2. In view of the above, issue notice to the petitioner, making the same returning on 2nd April, 2024.”

2. Even today when the matter is called out, none remain present.

3. In view of the above, since the petitioner is already appearing in the Court and also, the petitioner has not surrendered to the custody before the learned trial court, this Court decided to take up the matter on the ground of revision.

4. This Criminal Revision Application is preferred under Section-397 read with Section-401 of Cr.P.C. challenging the concurrent findings recorded by the learned Additional Chief Judicial Magistrate First Class, Keshod (N.I. Act) in Criminal Case No.348 of 2015, whereby, by order dated 06.05.2022, the revisionist – accused has been convicted for the offence under Section-138 of N.I. Act and sentenced to undergo 01 year simple imprisonment and awarded to pay compensation aggregating of Rs.12,50,000/- [per cheque of Rs.2,50,000/-] under Section-357(3) of Cr.P.C. to the complainant within 60 days and in default

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