PATEL SURESHBHAI DAWRKADAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has challenged the judgment and order dated 02.08.2019 passed by learned 5th Additional Chief Judicial Magistrate, Mahesana in Criminal Case No. 4576 of 2018 as well as judgment and order dated 05.11.2019 passed by learned 2nd Additional Sessions Judge, Mahesana in Criminal Appeal No.168 of 2019.

(2.) The facts of the present case are summarized as under: That, the original complainant and applicant-accused were residing at Mahesana and the complainant is having shop under the name and style of Ambica Tyres and as Patel Tribhovandas of Pidharpura was sitting at the shop of the complainant and the applicant-accused was being a friend of that Tribhovandas, the applicant-accused came into the contact of the complainant and for personal work, the applicant-accused had a need of amount thus, complainant had given Rs. 6,00,000/- in cash on 06.04.2018 to the applicant-accused in presence of Patel Tribhovandas, and at that time, the applicant-accused gave assurance that he will return such amount within 15 days. But, after passing time, the complainant demanded the amount thus, applicant- accused issued a cheque No. 000025 dated 09.05.2018 of Mahesana Urban Co.Op. Bank Limited, Mahesana and the complainant had deposited the said cheque in the bank on 09.05.2018 but the said cheque was returned from the bank with an endorsement of "Funds Insufficient" on 15.05.2018 and thereafter, the complainant issued notice to the applicant- accused through his advocate and sent it to the applicant- accused on 28.05.2018 through registered A.D. and that notice was served to the applicant-accused on 29.05.2018 though the applicant-accused had not given any reply of the notice nor returned the cheque amount thus, the complaint was lodged thereof and same has been registered as Criminal Case No.4576 of 2018 and in the said case, the applicant was sentenced. Thereafter, the applicant approached the learned Sessions Court but, vide judgment and order dated 05.11.2019, learned 2nd Additional Sessions Judge, Mahesana in Criminal Appeal No. 168 of 2019, 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 cheque amount of Rs. 6,00,000/-. Learned advocate for the respondent no.2 has produced affidavit filed by the respondent no.2, wherein the respondent no.2 has stated that he has received cheque amount of Rs. 6,00,000/- and he has no objection if the orders passed by the courts below wouldl be quashed and set aside. An Affidavit filed by the respondent no.2 is taken on record.