JAISHREEBEN SURESHBHAI GANGURDE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP waives service of notice of rule for the respondent - State and learned advocate Mr. Shekhawat waives service of rule for respondent No.2 - original complainant.

(2.) When the matter is called out for hearing, respondent No.2 - original complainant Harishbhai Jathak is present along with his advocate Mr. MH Shekhawat. Both the parties to the proceedings, filed under Sec. 138 of the Negotiable Instruments Act, submit that the matter is settled between the parties and in support thereof, the respondent No.2 - original complainant files an affidavit which is ordered to be taken on record.

(3.) After verifying voluntary character of the compromise, it is hereby declared that the compromise arrived at between the parties to this litigation out of the Court is accepted as genuine and the order of conviction and sentence dtd. 2/5/2018 passed by the learned Principal Judicial Magistrate, Ahwa below Exh.44 in Criminal Case No.313 of 2014 and confirmed vide order dtd. 31/7/2019 passed by the learned 3rd Ad hoc Additional District and Sessions Judge, Navsari in Criminal Appeal No.3 of 2018 both are hereby quashed and set aside as this Court intends to secure ends of justice as provided under Sec. 482 of the Code of Criminal Procedure.