SANJAY LABHSHANKAR JOSHI Vs. JAGDISHBHAI JAYCHANDBHAI THAKKAR

JUDGEMENT

(1.) RULE . Mr.R.J. Goswami, learned advocate waives the service of notice of rule on behalf of respondent No. 1 and Ms. Chetna Ahah, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No. 2 -State.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties and as the parties have settled the dispute amicably and they have requested to compound the offence, the present Criminal Revision Application is taken up for final hearing today.

(3.) THE present Criminal Revision Application under section 397 read with section 401 of the Code of Criminal Procedure has been preferred by the petitioner - original accused to quash and set aside the impugned judgement and order of conviction passed by the learned Judicial Magistrate (First Class), Ahmedabad (Rural) in Criminal Case No.12987 of 2007 dtd.31/12/2011 convicting the petitioner - original accused for the offence punishable under section 138 of the Negotiable Instruments Act as well as the impugned Judgement and Order passed by the learned appellate court - learned 4th Additional Sessions Judge, Ahmedabad (Rural) in Criminal Appeal No.7 of 2012 dtd.6/7/2012, by which the learned appellate court has dismissed the said appeal preferred by the appellant original accused confirming the Judgement and Order of conviction and sentence passed by the learned trial court convicting the petitioner for the offence punishable under section 138 of the Negotiable Instruments Act.