BHARATBHAI GANPATLAL SUTHAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Mr.Hardik Soni, learned APP waives service of notice of rule for and on behalf of the respondent- State and Mr.Saurabh Chande, 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, applicant has challenged the order of conviction and sentence dtd. 26/11/2020 passed by learned Judicial Magistrate First Class, Deesa in Criminal Case No. 2373 of 2015 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. 1/1/2022 passed in Criminal Appeal No. 14 of 2021 by learned 2 nd Additional Sessions Judge, Deesa wherein, the learned First appellate Court has been pleased to dismiss the said appeal and confirmed the judgment and order of conviction and sentence passed by the learned trial Court.

(3.) Today, respondent No.2- Sanjaykumar Parshottamdas Patel (H.U.F) was present before this Court and he was identified by learned advocate for the the respondent No.2. Respondent No.2 has submitted that dispute is amicably settled between the parties and cheque amount was received by the complainant. He has filed his affidavit dtd. 15/2/2022. Learned advocate for the respondent No.2 has identified the signature of the respondent No.2 as well as photographs in the affidavit which was executed before the Notary on 15/2/2022. Respondent No.2 has no objection if impugned judgment and orders passed by the Court below are quashed by this court in view of settlement arrived at between them.