MAHENDRA AMARSAINH PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Revision Application, the applicant has challenged the order of conviction and sentence dtd. 3/7/2018 passed by learned Additional Chief Metropolitan Magistrate, N.I. Act Court No.27, Ahmdabad in Criminal Case No. 570 of 2014 convicting the applicant for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N.I.Act") as well as judgment and order dtd. 28/8/2019 passed in Criminal Appeal No. 422 of 2018 by learned Additional Sessions Judge, Court No.6, Ahmedabad wherein, the learned First appellate Court has been pleased to dismiss the said appeal and confirmed the judgement and order of conviction and sentence passed by the learned trial Court.

(2.) The facts of the present case are summarized as under: 2.1 The complainant is doing embroidery business in the name and style of "Shriji Trading Company" and the applicant is also having in the same business and doing business in the name and style of "Mangalmurti Fashion" That, the applicant had purchased certain goods from the respondent No.2 on different times and the applicant has to pay total Rs.3.00 Lacs towards the goods and therefore, the applicant had given cheque of Rs.3.00 Lacs and upon depositing the said cheque, it was dishonored and complainant could not get his money back. As a result of which, on 16/6/2014, a legal notice was issued to the applicant by the complainant. The said notice was returned back on 18/6/2014. Hence, the complaint has been lodged against the present applicant and the same has been registered as Criminal Case No. 570 of 2014 and in the said case, the applicant was sentenced. Thereafter, the applicant approached the learned Sessions Court and vide judgment and order dtd. 28/8/2019, learned Sessions Judge, City Civil & Sessions Court, Court No.6, Ahmedabad confirmed the sentence imposed upon the present applicant. Thus being aggrieved with the said order, the applicant has preferred the 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 the dispute between the parties is settled amicably. That, dispute was settled by the complainant by accepting amount of Rs.1,15,000.00 out of cheque amount of Rs.3,00,000.00 as full and final settlement. Learned advocate for the respondent No.2 has produced an affidavit filed by the respondent No2, wherein, the respondent No.2 has stated that he has received Rs.1,15,000.00 as full and final settlement and he has no objection if the orders passed by the courts below would be quashed and set aside.