RADHAKRUSHANA TRADERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. M.H.Bhatt, learned APP waives service of notice of rule for and on behalf of the respondent No.1. Mr. Mayank R.Chavda, learned advocate waives service of notice of rule for and on behalf of the respondent No.2

(2.) By way of present Criminal Revision Application, applicants have challenged the judgement and order of conviction dtd. 20/9/2016 passed in Criminal Case No. 2367 of 2015 by learned 3 rd Additional Chief Judicial Magistrate, Rajkot convicting the applicants for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N.I.Act") as well as order dtd. 8/12/2017 passed in Criminal Appeal No. 241 of 2016 by learned 7th Additional Sessions Judge, Rajkot wherein, the learned lower 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.

(3.) Earlier on 1/4/2022, respondent No.2 Shri Maheshbhai S. Vadodariya was present before this Court and he was identified by learned advocate for the the respondent No.2. He has filed affidavit dtd. 17/8/2021. 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 17 th August, 2021, wherein, he has admitted that settlement is arrived at between the parties and he has received an amount of Rs.6.00 Lacs from the present applicants. Therefore, 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.