LAVESH RAMESHBHAI BHANUSHALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned APP Ms. C. M. Shah, waives service of notice of rule for and on behalf of respondent No.1- State of Gujarat as also learned advocate Mr. Dhruvin Bhuptani, waives service of notice of rule for and on behalf of respondent No.2- original complainant.

(2.) This revision application is directed against the judgment of conviction and order of sentence dtd. 19.10.2016 passed by the learned Judicial Magistrate First Class, Mandvi in Criminal Case No.96 of 2014 convicting the petitioner-accused for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and directed him to undergo simple imprisonment of one year, and in default of payment of cheque amount, he is ordered to undergo further three months of simple imprisonment. The said order has been confirmed by the learned 10th Additional Sessions Judge, Kuchchh at Bhuj vide judgment and order dated 31.08.2021 rendered in Criminal Appeal No.24 of 2016. Hence, both these orders are under challenge before this Court.

(3.) Mr. Dhruvin Bhuptani, learned advocate for respondent No.2 has placed on record an affidavit affirmed on 11.10.2021 by the respondent no.2 herein, who is personally present before the Court and duly identified by Mr. Dhruvin Bhuptani, learned advocate. The affidavit is taken on record. It is stated in the affidavit that the dispute is settled between the parties and respondent no.2 herein has received the adequate compensation against the cheque in question and he has no objection if this Revision Application is allowed and the judgment of conviction and order of sentence recorded by the Competent Court and confirmed by the Appellate Court is set aside.