(1.) Leave to amend the prayer clause. By way of present Criminal Revision Application, applicant has challenged the order of conviction and sentence dtd. 11/4/2018 passed by learned 2nd Additional Chief Judicial Magistrate, Surat in Criminal Case No. 15556 of 2014 convicting the applicant for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N.I.Act") as well as order dtd. 30/4/2021 passed in Criminal Appeal No.118 of 2018 by learned 17 th Additional Sessions Judge, Surat wherein, the learned First appellate Court has been pleased to dismiss the said appeal and confirmed the judgement and order of conviction and sentence passed by the learned trial Court.
(2.) . Today, respondent No.2 Chirag Nagarbhai Patel was present before this Court through video conferencing and he has identified by learned advocate for the the respondent No.2. He has filed affidavit dtd. 3/8/2021. Learned advocate for the respondent No.2 has identified the signature of the respondent No.2 in the affidavit which was executed before the Notary on 3 rd August, 2021. Respondent No.2 has no objection if impugned judgement and orders passed by the Court below are quashed by this court in view of settlement arrived at between them.
(3.) In the Affidavit filed by respondent No.2- Chirag Nagarbhai Patel, it is stated that:-