TIKESHKUMAR CHANDRALAL RATWANI PROPRIETOR OF KASHVI FASHION Vs. SHANKARLAL BHERUMAL SEVANI PROPRIETOR OF MONIKA CREATION

JUDGEMENT

(1.) Shri Rashmin Makwana, learned advocate for respondent no.1 - complainant places on record affidavit affirmed by the complainant, who is also present before the Court and duly identified by him alongwith a settlement agreement duly signed by the accused as also the complainant. The said affidavit alongwith the settlement agreement is ordered to be taken on record.

(2.) RULE. Shri Rashmin Makwana, learned advocate, waives service of notice of rule on behalf of respondent no.1 and Ms. Jirga Jhaveri, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.2.

(3.) This Criminal Revision Application is directed against an order passed by the learned Additional Chief Metropolitan Magistrate, Negotiable Instruments Act , Court No.35, Ahmedabad dtd. 15/7/2019 in Criminal Case No.1615 of 2014 convicting the applicant for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered him to undergo 2 years Simple Imprisonment Simple Imprisonment and imposed fine of Rs.1,80,000.00 and in default of payment of fine to undergo 3 months Simple Imprisonment. The said judgment of conviction and order of sentence was carried in Appeal being Criminal Appeal No. 559 of 2019, which also came to be dismissed by the learned Additional Sessions Judge, Court No.27, City Sessions Court, Ahmedabad vide order dtd. 14/6/2021. Both these orders are under challenge in this Criminal Revision Application.