By way of present revision application, filed under Section 397 read with Section 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the judgment and order dated 28th January, 2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Amreli in Criminal Appeal No.18 of 2009 confirming the judgment and order dated 16th May, 2009 passed by the learned Chief Judicial Magistrate, Amreli in Criminal Case No.1391 of 2006 whereby the Courts below have convicted the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered to pay Rs.60,000/- as compensation to the complainant and in default of payment of compensation amount, the applicant is ordered to undergo simple imprisonment for a period of one year.
Heard Mr.Premal Rachh, learned counsel for the applicant, Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.1-State and Mr.Rajeshkumar Venishankar Joshi, Party-in-Person respondent No.2.
It appears from the papers that the original order of the learned Magistrate is of the year 2009, which was confirmed by the learned Additional Sessions Judge in the year 2010, but till today neither the applicant has deposited the amount of compensation nor has surrendered himself to undergo the sentence as ordered. Therefore, at this stage, prayer for bail cannot be entertained.
In view of above, when the applicant has not surrendered himself and has not followed the order passed by the Courts below, first of all the applicant is directed to surrender himself before the learned Chief Judicial Magistrate, Amreli tomorrow at 11.00 hours; failing which the learned Chief Judicial Magistrate, Amreli is directed to issue non-bailable warrant against the applicant to effect his arrest.
The matter is adjourned to 21st March, 2012.
(Z.
K. Saiyed, J) Anup Top