KARAMSHIBHAI SHAMJIBHAI KANANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, applicant has challenged the judgment and order dated 10th September 2018 passed by learned 6th Additional Senior Civil Judge and ACJM, Rajkot in Criminal Case No. 4906 of 2001 as well as judgment and order dated 21th September 2019 passed by learned 14th Additional District Judge, Rajkot in Criminal Appeal No. 224 of 2018.

(2.) The facts of the present case are summarized as under: That, the respondent no.2-original complainant and the applicant-accused were engaged in the similar business and during the business transaction, the applicant-accused issued a cheque No. 169175 dated 15.06.2001 of Rajkot Nagrik Sahakari Bank Limited to the tune of Rs. 80,000/- and when this cheque was presented by the respondent no.2-original complainant in his account having with Bank of Baroda, Raiya Road Branch, it was returned with endorsement of "insufficient funds" and the bank intimated the same to the respondent no.2-original complainant on 18.06.2001 and thereafter, demand notice was issued by the respondent no.2- original complainant to the applicant-accused on 27.06.2001 through RPAD which was refused by the applicant-accused and thereby cheque amount was not paid and thus, the complaint was lodged thereof and same has been registered as Criminal Case No.4906 of 2001. After recording evidence of the parties, the applicant was convicted. Thereafter, the applicant approached the learned Sessions Court but, vide judgment and order dated 21.09.2019, learned 14th Additional District Judge, Rajkot in Criminal Appeal No. 224 of 2018, confirmed the sentence imposed upon the present applicant. Thus, being aggrieved with the said order, the applicant has preferred present application.

(3.) Today, when the matter was taken up for hearing, a joint request was made by learned advocates for the respective parties that dispute between the parties is settled amicably. That, dispute was settled by the complainant by accepting full and final amount of Rs. 80,000/- and presently, the complainant has received Rs. 40,000/- in cash and Rs. 40,000- which was deposited by the present applicant before the trial Court is consented to be withdrawn by the original complainant-respondent no.2. The respondent No.2-original complainant has filed his affidavit stating the version of compromise and he also confirms that Rs. 40,000/- was received by him from the applicant in cash and receipt thereof is annexed with the affidavit and earlier, Rs.40,000/- was deposed by the applicant before the trial court. Affidavit filed by the respondent no.2-original complainant with zerox copy of aadhar card of the original complainant as well as receipt of receiving amount of Rs. 40,000/- by the complainant from the applicant-accused are taken on record. Signature of the complainant is identified by learned advocate appearing from him ie., respondent no.2.