LAWS(GJH)-2022-3-1534

NAVINCHANDRA JIVANLAL SHAH Vs. STATE OF GUJARAT

Decided On March 15, 2022
Navinchandra Jivanlal Shah Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of present Criminal Revision Application, applicant has challenged the order of conviction dtd. 3/10/2018 passed by learned 3rd Additional Chief Judicial Magistrate, Anand in Criminal Case No. 5123 of 2017 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. 29/1/2021 passed in Criminal Appeal No.117 of 2019 by learned 4th Additional Sessions Judge, Anand 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, respondent No.2 Indubhai Ambalal Patel(Patvi) was present before this Court and he was identified by learned advocate for the the respondent No.2. He has filed affidavit dtd. 15/3/2022. 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 15/3/2022. He further submits that dispute is settled with the present applicant. He has received Demand Draft of Rs.6,00,000.00 being No. "073383" prepared by Central Bank of India, Anand Brnach issued in favour fo Indubhai Ambalal Patel Patvi. 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.

(3.) In the Affidavit filed by respondent No.2 - Indubhai Ambalal Patel (Patvi) it is stated that:-