ORAL ORDER

1. Mr. Vaibhav N.Sheth, learned advocate for the applicant, submitted that the applicant has been accused no.2 in Criminal Case No.14997 of 2019, which was filed before the 10th Additional Judicial Magistrate, First Class, Ahmedabad (Rural) under section 138 of the N.I. Act. Advocate Mr. Sheth stated that the present applicant came to be convicted and sentenced for one year simple imprisonment under section 138 of the N.I. Act, and was ordered to deposit double the amount of cheque, which was calculated as Rs.2,11,662/-, within 30 days of the order as a compensation amount. In failure to deposit the money, three months further imprisonment was ordered.

2. Advocate Mr. Sheth further submitted that accused no.1, wife of the present applicant, was acquitted, while the present applicant has been sentenced for one year. Mr. Sheth submitted that the conviction order was passed in absence of accused no.2, and the order dated 25.01.2023 was to the effect of bringing the accused no.2 before the Court on issuance of non-bailable warrant.

3. Advocate Mr. Sheth submitted that an appeal was proposed to be preferred against the judgment of conviction of the Judicial Magistrate, First Cl