NAGJIBHAI GOBARBHAI AJANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Learned Advocate Mr.Qureshi for the petitioner and learned advocate Mr. Poojara for respondent No.2- original complainant.

(2.) When the matter is called out for hearing through video conferencing, respondent No.2-original complainant-Nileshkumar Vasantlal Champaneri, Loan Officer, Viramgam Mercantile Cooperative Bank Ltd., is present along with his advocate Mr.Poojara. Both the parties to the proceedings, filed under Section 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and no such grievance is remained and in support thereof, the respondent No.2-original complainant filed an affidavit which is produced at page No.57 to 60.

(3.) After verifying voluntary character of the compromise, it is hereby declared that the compromise arrived at between the parties to this litigation out of the Court is accepted as genuine and the order of conviction and sentence dated 15/06/2019 passed by the learned Judicial Magistrate, First Class, Viramgam in Criminal Case No.6497 of 2016 and confirmed vide order dated 27.12.2019 passed by the learned 4th Additional Sessions Judge, Viramgam in Criminal Appeal No.14 of 2019 both are hereby quashed and set aside as this Court intends to secure ends of justice as provided under Section 482 of the Code of Criminal Procedure.