LAWS(GJH)-2009-11-116

RAJENDRAKUMAR CHUNILAL SHAH Vs. RAJNIKANT SHANKARLAL SHAH

Decided On November 04, 2009
RAJENDRAKUMAR CHUNILAL SHAH Appellant
V/S
RAJNIKANT SHANKARLAL SHAH Respondents

JUDGEMENT

(1.) ALL these Criminal Revision Applications under Section 397 read with Section 401 of the Code of Criminal Procedure have been filed by the petitioner-original accused being aggrieved and dissatisfied by the judgments and orders dated 8-5-2009 passed by the learned Addl. Sessions Judge, Court No. 3, Sabarkantha at Modasa, in respective Criminal Appeals Nos. 45 of 2007, 43 of 2007 and 44 of 2007 whereby the learned Judge has confirmed the judgments and orders dated 6-11-2007 passed by the learned Judicial Magistrate (First Class), Modasa, in Criminal Cases Nos. 4998 of 2006, 4468 of 2006 and 476 of 2007 respectively convicting and sentencing the applicant for the offence punishable under Sec. 138 of the Negotiable Instruments Act to suffer SI for six months in each case and to pay an amount of Rs. 50,000/-, Rs. 1,00,000/- and Rs. 1,50,000/- in respective case as compensation to the complainant.

(2.) SINCE common facts and law are involved in all these revisions, all these revisions are heard together and are being decided by this common judgment.

(3.) THE case of the prosecution in short is that three criminal complaints being Criminal Cases Nos. 4998 of 2006, 4468 of 2006 and 476 of 2007 were filed by the original complainant-present respondent No. 1 before the learned Judicial Magistrate (First Class), Modasa, for the offence punishable under Sec. 138 of the Negotiable Instruments Act on the ground that three different cheques drawn on different dates and amounts given by the applicant-accused were dishonoured by the bank on presentation.