VASANT A KAKKAD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE . Mr.L.B. Dabhi, learned Additional Public Prosecutor waives service of notice of rule on behalf of respondent No.1 State and Mr.N.D. Buch, learned advocate waives the service of notice of rule on behalf of the respondent No.2 original complainant.

(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 it is reported that parties have settled the dispute amicably and the entire cheque amount has been deposited by thepetitioner - original accused and even further amount as mentioned in the Undertaking/Affidavit has been deposited and is to be deposited, present Criminal Revision Application is taken up for final hearing today.

(3.) 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 judgement and order of conviction and sentence passed by the learned Judicial Magistrate (First Class), Rajkot in Criminal Case No. 2804 of 2003 dtd.15/5/2006 convicting the petitioner - original accused for the offence under section 138 of Negotiable Instruments Act as well as the judgement and order dtd.31/8/2010 passed by the learned Additional Sessions Judge and Presiding Officer, FTC No.4, Rajkot in Criminal Appeal No.12 of 2006, by which the learned appellate court has dismissed the said appeal confirming the Judgement and Order of conviction and sentence passed by the learned trial court.