The applicant - accused has filed this Revision Application challenging the Judgment and order dated 21.12.2009 passed by the learned 6th Additional Senior Civil Judge & J.M.F.C., Mehsana, in Criminal Case No.589 of 1998, whereby the learned Magistrate has held the applicant - accused guilty for the offence punishable under Section 138 of the Negotiable Instrument Act and awarded sentence to the applicant to suffer 3 months imprisonment with fine of Rs.5000/- i/d to further undergo one month's imprisonment. The learned Magistrate has also ordered that, by way of compensation, the accused shall pay Rs.17,000/- to the complainant, under the provision of Section 357(3) Cr.P.C. The said Judgment and order of the learned Magistrate has been confirmed in Appeal by the learned Additional Sessions Judge, Mehsana, by Judgment and order dated 16.08.2011 in Criminal Appeal No. 9 of 2010. Against the said Judgment, the applicant - accused has preferred this Revision Application.
On 29.12.2011, this Court has issued Notice to the other side which was made returnable on 6.2.2012. Thereafter, the said matter was adjourned from time to time on the statement of the applicant that he is trying to settle the matter with the respondent. However, till date the applicant has not settled the matter with the respondent and has not surrendered before the Jail Authority. On the last occasion i.e. on 15.3.2012 the applicant has prayed for time on the ground that he will settle the matter with the respondent within 10 days and on his statement, this matter was adjourned and kept today. Today, the applicant has stated that he is unable to settle the matter with the respondent.
In view of above, the applicant is directed to first surrender before the trial Court on or before 18th April, 2012.
The matter is adjourned to 25th April, 2012.
(Z.K.SAIYED, J.) sas Top