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2019 Supreme(SC) 300

A.M.SAPRE, DINESH MAHESHWARI
ROHITBHAI JIVANLAL PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant :Huzefa Ahmadi, Sr.Adv. Pradhuman Gohil, Mrs.Taruna Singh Gohil, Himanshu Chaubey, Ms. Tanvi Bhatnagar, Advocates
For the Respondent:Ms.Hemantika Wahi, Ms. Jesal Wahi, Ms.Vishakha, Prakash Kumar Singh, Advocates.

JUDGMENT

Dinesh Maheshwari, J.

Leave granted.

2. This appeal is directed against the common judgment and order dated 08.01.2018 in R/Criminal Appeal No. 1187/2017 connected with R/Criminal Appeal Nos. 1191/2017 to 1196/2017 whereby, the High Court of Gujarat at Ahmedabad has reversed the respective judgment and orders dated 09.06.2017 as passed by the 8th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Vadodara in 7 criminal cases [Nos. 44345/2009, 46499/2008, 46254/2008, 48420/2008, 40321/2008, 48631/2008 and 46503/2008 respectively.] pertaining to the offence under Section 138 of the Negotiable Instruments Act, 1881 ('the NI Act') for dishonour of 7 cheques in the sum of Rs. 3 lakhs each, as said to have been drawn by the accused-appellant in favour of the complainant-respondent No. 2. In the impugned judgment and order dated 08.01.2018, the High Court has disapproved the acquittal of the accused-appellant and, while holding him guilty of the offence under Section 138 of the NI Act, has awarded him the punishment of simple imprisonment for a period of 1 year with fine to the extent of double the amount of cheque (i.e., a sum of Rs. 6 lakhs) with default stipu







































































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