DILDAARKHAN ILAYKHAN PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Mr. Jarjeeskhan Pathan, learned advocate has instruction to appear for and on behalf of respondent No.2 i.e. original complainant. He is in process of filing his appearance on behalf of the original complainant. Registry is directed to accept the Vakalatnama of Mr. Jarjeeskhan Pathan for and on behalf of respondent No.2-original complainant viz. Dhirajlal Manilal Prajapati, who is present before the Court and duly identified by Mr. Jarjeeskhan Pathan, learned advocate.

(2.) This revision application is directed against the judgment of conviction and order of sentence dated 16.09.2019 passed by the learned Additional Chief Metropolitan Magistrate, Court No.28, Ahmedabad in Criminal Case No.407 of 2016 convicting the petitioners-accused for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act ') and directed them to undergo simple imprisonment of 2 years as also imposed a fine of double amount of cheque, and in default of payment of fine, they are ordered to undergo further 02 months of simple imprisonment. The said order has been confirmed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad, vide judgment and order dated 27.08.2021 rendered in Criminal Appeal No.648 of 2019. Hence, both these orders are under challenge before this Court.

(3.) Mr. Jarjeeskhan Pathan, learned advocate placed on record compromise deed entered into between the petitioner-accused as also the complainant. As recorded in the terms of settlement that he has no objection if this Revision Application is allowed and the judgment of conviction and order of sentence recorded by the Competent Court and confirmed by the Appellate Court is set aside.