T.AMARNATH GOUD,J. - (1.)Both the above criminal petition being Crl. Petn 43 of 2018 as well as criminal revision petition being Crl. Rev. Petn 27 of 2021 relate to judgment and order dtd. 22/5/2018 arising out of CR (NI) 34 of 2017 and thus these petitions have been disposed of by way of common judgment and order.
Crl. Petn 43 of 2018

(2.)The petitioner in this case is the complainant before the court of Judicial Magistrate, 1st Class cum Civil Judge (Sr. Division), Court No. 1, Udaipur, Gomati in CR(NI) 34 of 2017 under Sec. 138 of the NI Act filed against dishonor of Cheque bearing No. 997483 dtd. 12/6/2017 for an amount of Rs.4,70,000.00 and the court below has awarded punishment to the accused imposing him to Rs.4,00,000.00 and in default to pay the fine the accused would suffer R.I. for a period of three months.
Crl. Rev. Petn 27 of 2021

(3.)The petitioner in this criminal revision petition is the accused and respondent is complainant in CR(NI) 34 of 2017 which is disposed of on 22/5/2018. The court below against the cheque amount Rs.4,70,000.00, awarded punishment imposing of paying Rs.4,00,000.00 to be paid by the accused to the complainant in default to pay the fine the accused would suffer R.I. for a period of three months. Aggrieved by the same, the accused preferred an appeal vide Crl.A. 19(2) of 2018 in Sessions Judge, Court, Gomati District, Udaipur and the said appeal has been discussed by the order dtd. 3/5/2021 confirming the trial court order dtd. 22/5/2018. Aggrieved thereby, the instant criminal revision petition has been filed by the accused.
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