2022 (2) TMI 555

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....ction 138 of the Negotiable Instruments Act (for short "N.I. Act") as well as order dated 30.4.2021 passed in Criminal Appeal No. 118 of 2018 by learned 17th Additional Sessions Judge, Surat wherein, the learned First appellate Court has been pleased to dismiss the said appeal and confirmed the judgment and order of conviction and sentence passed by the learned trial Court. 2. Today, respondent No. 2 Chirag Nagarbhai Patel was present before this Court through video conferencing and he has identified by learned advocate for the respondent No. 2. He has filed affidavit dated 3rd August, 2021. Learned advocate for the respondent No. 2 has identified the signature of the respondent No. 2 in the affidavit which was executed before the Notary....

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....learned advocates appearing for the respective parties and submitted that after considering the evidence of the complainant as well documentary evidence, a clear conviction was rightly held by both the Courts below and requested to pass necessary order. 6. The Apex Court in the case of Vinay Devanna Nayak Vs. Ryot Seva Sahakari Bank Ltd. reported in AIR 2008 SC 716 has observed as under in paras 17 and 18 of the judgment: "17. As observed by this Court in Electronic Trade & Technology Development Corporation Ltd. V. Indian Technologists and Engineers, (1996) 2 SCC 739, the object of bringing Section 138 in the statute book is to inculcate faith in the efficacy of banking operation and credibility in transacting business on negot....