MAPS ENZYMES LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned APP and learned advocate Mr. Hardik Muchhala waive service of notice of rule on behalf of the respective respondents. With the consent of learned advocates on both the sides, the matter is heard finally.

(2.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure on the basis of compromise arrived at between the parties, the petitioners, original accused in Criminal Case No. 59556 of 2018, has prayed to quash and set aside the judgment and order of conviction passed by the Court of learned VIIth Additional Chief Judicial Magistrate and Additional Senior Civil Judge, Surat dtd. 12/2/2020 and the warrant issued thereon dtd. 28/6/2021, whereby the petitioners - original accused came to be convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act ") and to pay a fine of Rs.3,25,000.00. In default of payment of said fine amount, the petitioners have been sentenced to undergo SI for 6 months and out of the said amount, the petitioners shall pay Rs,3,25,000.00 to the complainant as compensation as provided under Sec. 357 of Cr.PC.

(3.) The respondent-complainant, who has been identified by learned advocate Mr. Hardik Muchhala, appeared before the Court and stated that he has received the entire amount, as has been directed by the Court below in the impugned judgment and order of conviction and sentence.