MAHESHBHAI DAHYABHAI Vs. STATE OF GUJARAT AND 1

JUDGEMENT

(1.) RULE . Mr. LB. Dabhi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No. 1 - State and Ms. Medha Pandya, learned advocate waives the service of notice of rule on behalf of the respondent No. 2 - original complainant. 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 it is reported that parties have settled the dispute amicably and the entire cheque amount has been paid by the petitioner herein - original accused to the respondent No. 2 herein - original complainant and the learned advocates appearing on behalf of the petitioner - original accused has requested to permit the petitioner - original accused to compound the offence for which he has been convicted, present Criminal Revision Application is taken up for final hearing today.

(2.) 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 judgment and order of conviction and sentence passed by the learned 5th Additional Senior Civil Judge and Judicial Magistrate (First Class), Surat in Criminal Case No. 15707 of 2008 dtd. 20/11/2009, by which the learned Magistrate has convicted the petitioner - original accused for the offence under section 138 of Negotiable Instruments Act as well as the judgment and order passed by the learned 3rd Additional Sessions Judge, Surat in Criminal Appeal No. 54 of 2009 dtd. 30/7/2011, by which the learned appellate court has dismissed the said appeal confirming the Judgment and Order of conviction and sentence passed by the learned trial court.

(3.) TODAY when the present Criminal Revision Application is taken up for final hearing, Ms. Kruti Shah, learned advocate appearing on behalf of the petitioner herein -original accused and Ms. Medha Pandy, learned advocate appearing on behalf of the respondent - original complainant have jointly submitted that the parties have settled the dispute amicably and the petitioner herein -original accused has already paid the cheque amount to the respondent No. 2 herein - original complainant.