SATISH JAYANTILAL SHAH Vs. PANKAJ MASHRUWALA

JUDGEMENT

(1.) These applications arise from Criminal Cases Nos. 1361 of 1992 and 1362 of 1992 on the file of Metropolitan Magistrate (Court No. 15), Ahmedabad. In each case the learned Magistrate was pleased to hold the applicant guilty for commission of offence punishable under Sec. 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one month and to pay fine of Rs. 25,000.00, in default to undergo further simple imprisonment for one month. Aggrieved by the judgment and order of the learned Magistrate dated 14-10-1994, the applicant also preferred Criminal Appeal Nos. 41 of 1992 and 42 of 1994. The same were decided by learned Additional City Sessions Judge (Court No. 12), Ahmedabad on 1-5-1995, confirming the lower Court's order. Aggrieved by the concurrent finding of both the Courts below, the applicant/original accused has preferred the above Revision Applications.

(2.) Since in both cases the parties are same and are also represented by same Advocates and involve common question of law and facts, are heard and disposed of by this common order at notice stage on perusal of record and proceeding received from trial Court.

(3.) The applicant/original accused is dealing in chemical business and is sole proprietor of Padmavati Sales Corporation whereas the opponent No. 1/original complainant is also doing chemical business as also proprietor in the name of Asim Agencies.