Dishonour of cheques under Section 138 confirmed without procedural violation; no grounds for retrial as both lower courts' findings of guilt were supported by substantial evidence.

JUDGEMENT

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 471 of 2010 To CRIMINAL REVISION APPLICATION No. 478 of 2010 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH sd/­ =========================================

1. Whether Reporters of Local Papers may be allowed to see the judgment ? YES

2. To be referred to the Reporter or not ? NO

3. Whether their Lordships wish to see the fair copy of the judgment ? NO

4. Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO

5. Whether it is to be circulated to the civil judge ? NO ========================================= ASHISH (LALBHAI) K VYAS ­ PROP. ASHISH OIL TRADERS ­ Applicant(s) Versus STATE OF GUJARAT & 1 ­ Respondent(s) ========================================= Appearance : MR CB UPADHYAYA for Applicant(s) : 1, MS. SHAH ADDL. PUBLIC PROSECUTOR for Respondent(s) : 1, RULE SERVED BY DS for Respondent(s) : 2, MR MEHUL SHARAD SHAH for Respondent(s) : 2, ========================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 03/10/2012 ORAL JUDGMENT 1.0. As common question of law and facts arise in all these Criminal Revision Applications and are between the same parties, all these Criminal Revision Applications are heard, decided and 2/18 JUDGMENT disposed of together by this common judgment and order.

2.0. Criminal Revision Application No.471 of 2010 has been preferred by the applicant ­original accused to quash and set aside the judgment and order of conviction and sentence dated 4.11.2009 passed by the learned trial Court ­learned 5th Additional Senior Civil Judge & JMFC, Mehsana passed in Criminal Case No.2465 of 2005, by which, the learned trial Court has convicted the applicant ­original accused for the offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act) and directed the applicant to undergo sentence of one year S.I with fine of Rs.8000/­ and in default to undergo two months S.I and also directed the applicant to pay compensation to the original complainant under Section 357 (3) of the Code of Criminal Procedure as well as the impugned judgment and order passed by the learned Appellate Court ­learned 2nd Additional Sessions Judge, Mehsana passed in Criminal Appeal No.130 of 2009, by which, the learned Appellate Court has dismissed the said appeal preferred by the petitioner herein­original accused for the offence under Section 138 of the N.I. Act. 2.1. Criminal Revision Application No.472 of 2010 has been preferred by the applicant ­original accused to quash and set aside the judgment and order of conviction and sentence dated 4.11.2009 passed by the learned trial Court ­learned 5th Additional Senior Civil Judge & JMFC, Mehsana passed in Criminal Case No.2466 of 2005, by which, the learned trial Court has convicted the applicant ­original accused for the offence under Section 138 of the 3/18 JUDGMENT Negotiable Instruments Act (hereinafter referred to as the N.I. Act) and directed the applicant to undergo sentence of one year S.I with fine of Rs.8000/­ and in default to undergo two months S.I and also directed the applicant to pay compensation to the original complainant under Section 357 (3) of the Code of Criminal Procedure as well as the impugned judgment and order passed by the learned Appellate Court ­learned 2nd Additional Sessions Judge, Mehsana passed in Criminal Appeal No.131 of 2009, by which, the learned Appellate Court has dismissed the said appeal preferred by the petitioner herein­original accused for the offence under Section 138 of the N.I. Act. 2.2. Criminal Revision Application No.473 of 2010 has been preferred by the applicant ­original accused to quash and set aside the judgment and order of conviction and sentence dated 4.11.2009 passed by the learned trial Court ­le