JITENDRABHAI ASHOKBHAI JINJUVADIA Vs. CHIRAGBHAI MITHABHAI LIMBASIYA

JUDGEMENT

(1.) RULE. Mr. Vishal Mehta, learned advocate and Ms. Jirga Jhaveri, learned APP, waive service of notice of rule for and on behalf of respective respondents.

(2.) This Revision Application is filed challenging the judgment of conviction and order of sentence passed by the learned 3 rd Additional Chief Judicial Magistrate, Rajkot, dtd. 19/10/2019 in Criminal Case No.11238 of 2017, whereby the applicant - accused came to be convicted for an offence under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act") and was ordered to undergo one year simple imprisonment. Over and above that, the applicant - accused was ordered to pay an amount of Rs.5,00,000.00 as compensation to the original complainant within 60 days therefrom and in default of payment thereof, the applicant - accused was further ordered to undergo 6 months simple imprisonment. The said judgment of conviction and order of sentence was further carried in Appeal by the applicant - accused. The learned 5th Additional Sessions Judge, Rajkot, by order dtd. 7/8/2021 passed in Criminal appeal No.302 of 2019 confirmed the order passed by the learned Trial Court. Both these orders are challenged before this Court in this Revision Application.

(3.) The parties have settled their disputes outside the Court. The compromise deed signed by the original complainant, who is present before the Court and duly identified by his advocate, states that the agreed amount between the parties has already been paid to him, and therefore, there is no grievance remaining to be carried out further. At the same time, it is stated in the compromise deed that if the judgment of conviction and order of sentence passed against the applicant - accused is quashed and set aside, he has no objection for the same.