NAYANKUMAR KANAIYALAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ORDER IN CRIMINAL REVISION APPLICATION NO. 1223 of 2022 : Rule. Mr. Utkarsh Sharma, learned APP waives service of notice of Rule for and on behalf of respondent - State. Ms. Anjaliben R. Barot, learned advocate for respondent No. 2, waives service of notice of Rule.

(2.) Mr. Rushi Vikrambhai Shah, Assistant Manager, at present In-Charge Manager of "The Janta Traders Co-operative Credit Society, Jambusar", is present before the Court and tenders an affidavit affirmed on 10/11/2022 before the Registrar, Principal Civil Court, Jambusar. Along with the affidavit, the resolution of a society dtd. 14/11/2022 is also annexed stating therein that since matter is settled between the parties and the dues of the society have been received, there is no outstanding as on date pending towards the cheque in question for which the applicant - accused came to be convicted and Rushi Vikrambhai Shah, Assistant Manager was empowered to enter into a compromise, pursuant to which the aforesaid affidavit came to be filed. The said affidavit as also the resolution are ordered to be taken on record. Said Rushi Vikrambhai Shah is identified by Ms. Anjaliben R. Barot, learned advocate representing respondent No. 2 - Society to be the In-charge Manager at present and Assistant Manager of the society, present in the Court.

(3.) As mentioned in the affidavit, since the matter is settled between the parties and the dues of the society have already been paid, they have no objection if judgment of conviction and order of sentence passed against the applicant - accused and confirmed by the appellate Court is quashed and set aside.