DILIPBHAI SOMSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. H.R.Gurjar, learned advocate has instructions to appear on behalf of Respondent No.2 - original complainant. He is in process of filing his vakalatnama. He may do so during the course of the day. Mr. Anil Mohanlal Gurjar, respondent No.2 -complainant, who is present before the Court and duly identified by the learned advocate representing him. He places on record an affidavit affirmed on 16/10/2021 disclosing that the matter is settled between the parties and therefore, if judgment of conviction and order of sentence passed by Magistrate and confirmed by the appellate Court is quashed and set aside, he has no objection as he has received the due payment which he acknowledges in presence of his learned advocate before the Court. The said affidavit is taken on record.

(2.) RULE. Ms. Jirga Jhaveri, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.l - State and Shri H.R. Gurjar, learned advocate, waives service of notice of rule on behalf of respondent no.2.

(3.) This Criminal Revision Application is directed against an order passed by the learned 25th Additional Chief Judicial Magistrate, Vadodara, 20/8/2019 dated Criminal Case No.3098 of 2013 convicting the applicant for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered him to undergo 6 months Simple Imprisonment. Over and above that, Rs.76,000.00 being the cheque amount, was ordered to be paid to the complainant as compensation and in default of payment of compensation, he is ordered to further undergo one month Simple Imprisonment. The said judgment of conviction and order of sentence was carried in Appeal being Criminal Appeal No. 244 of 2019 which also came to be dismissed by the learned 2nd Additional Sessions Judge, Vaodara vide order dtd. 14/9/2021. Both these orders are under challenge in this Criminal Revision Application.