NATHUBHAI M WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned advocate Mr.A.M.Dagli, learned advocate for the applicant, learned A.P.P. Mr.Pujari for respondent no.1 and learned advocate Mr.Vaghela for respondent No.2.

(2.) The present applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by judgment and order dated 17.11.2009 in Criminal Case No.285 of 2008 passed by learned Metropolitan Magistrate, Negotiable Instrument Court No.6, Ahmedabad. The said order was challenged in appeal being Criminal Appeal No.316 of 2009 before the learned Additional Sessions Judge, Ahmedabad. The said appeal is also dismissed by judgment and order dated 11.12.2009. Both these orders are under challenge before this Court.

(3.) It is submitted by learned advocate Mr.Y.B.Vaghela that he is appearing on behalf of the original complainant and he will file his vakalatnama within three days. Office is directed to accept the vakalatnama that may be filed by Mr.Vaghela. Mr.Vaghela submitted that the matter is amicably settled between the original complainant and the present appellant accused. He placed on record the compromise purshis. The complainant is personally present in the Court who is identified by Mr.Vaghela and Mr.Vaghela, on instructions, states that the matter is settled amicably between the parties and the complainant has no grievance against the present appellant accused and requested to permit them to compound the offence.