JANAKKUMAR RAMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Ms. Asmita Patel, learned Additional Public Prosecutor, waives service of notice of rule on behalf of respondent no.1 - State and Shri Rajesh Shah, learned advocate, waives service of notice of rule on behalf of respondent no.2.

(2.) This Criminal Revision Application is directed against an order passed by the learned 3 rd Additional Judicial Magistrate First Class, Kadi dtd. 10/4/2018 in Criminal Case No.121 of 2016 convicting the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and ordered him to undergo 1 year Simple Imprisonment. Over and above that, he was ordered to pay Rs.6,08,750.00 within a period of 60 days towards compensation failing which he is ordered to undergo 2 months Simple Imprisonment. The said judgment of conviction and order of sentence was carried in Appeal, being Criminal Appeal No.67 of 2018, which also came to be dismissed by the learned 5th Additional Sessions Judge, Mehsana vide order dtd. 3/6/2019. Both these orders are under challenge in this Criminal Revision Application.

(3.) During pendency of this application, the parties have settled the dispute outside the Court. The petitioner - accused - Janakkumar Ramabhai Patel as also the complainant - Patel Maheshbhai Vinodbhai, partner and manager of Naman Bio Fuel has filed an affidavit affirmed on 22/12/2022 stating therein that the matter is settled between the parties and pursuant to the settlement, if the amount deposited before this Court as also before the Sessions Court by the petitioner - accused is permitted to be withdrawn by the respondent no.2 - complainant, to which learned advocate for the petitioner has no objection, respondent no.2 - complainant does not wish to proceed further with the Revision Application and they have requested the Court that compounding entered into between the parties be accepted and the Revision Application be accordingly allowed. At the same time, it is stated in the compromise deed that if the judgment of conviction and order of sentence passed against the petitioner - accused is quashed and set aside, he has no objection for the same. The affidavit is taken on record.