CHETANDAS PURANCHAND KHANCHANDANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned Additional Public Prosecutor and learned Advocate Mr. R.D. Bhavsar 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 petitioner, original accused in Criminal Case No.1595 of 2019, has prayed to quash and set aside the judgment and order of conviction and sentence dtd. 21/8/2019 passed by the Court of learned 3rd Additional Chief Judicial Magistrate, Anand whereby the petitioner 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 has been sentenced to undergo simple imprisonment for six months and fine of Rs.5,000.00 and in default of payment of fine, simple imprisonment of 15 days.

(3.) The respondent-complainant is present in the Court. Learned Advocate Mr. R.D. Bhavsar appears for the complainant and his Vakalatnama is ordered to be taken on record. The complainant states that he has received the amount and the settlement has been arrived at between the parties. The complainant has also filed an Affidavit wherein he stated about the fact of settlement and also that he does not wish to prosecute the criminal proceedings as the same has been amicably settled.