RAMUJI GALABJI VAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present Criminal Revision Application, applicant has challenged impugned judgement and order dtd. 4/2/2020 passed in Criminal Case No.3648 of 2015 by learned 2 nd Additional Chief Judicial Magistrate Court, Mehsana convicting the applicant for the offence punishable under Sec. 138 of the Negotiable Instruments Act (for short "N.I.Act") as well as judgement and order dtd. 31/3/2022 passed in Criminal Appeal No. 105 of 2020 by learned Sessions Judge Mehsana 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.

(2.) Today, on a request being made by learned advocate for the respondent No.2 to permit the respondent No.2 to appear before this Court. Permission as prayed for is granted.Respondent No.2 Mr.Mitesh Dl.Parikh authorized person of Arman Financial Service Ltd. was present before this Court and submitted that he is authorized person of Arman Financial Service Ltd. He has produced a letter under the signature of Vice Chairman & Managing Director dtd. 7/10/2020 which is taken on record. He has submitted that dispute is amicably settled between the parties and Rs.1,00,000.00 as full and final payment of settlement which is given by the present applicant to respondent No.2. He has further submitted that respondent No.2 has no grievance or any objection if this application may be allowed by this Court by quashing and setting aside the impugned judgment and orders i.e. 4/2/2020 and 31/3/2022 passed by the Courts below in view of settlement arrived at between them. Learned advocate for the the respondent No.2 has identified respondent No.2 Mr. Mitesh D.Parikh, authorized person of Arman Financial Services Ltd. as well as contents of the affidavit filed by respondent No.2 dated 5 th April, 2022. Learned advocate for the respondent No.2 has also identified the signature of the respondent No.2 in the affidavit which was executed before the Notary on 5/4/2022.

(3.) In the Affidavit filed by respondent No.2- Mr.Mitesh D.Parikh, it is stated that:-