RAJNIKANT BHAGWANDAS PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present Revision Application by the original accused is directed against the judgment and order dated 16th February, 2013 of the learned Additional Sessions Judge, Patan in Criminal Appeal No.39 of 2009 whereby the learned Additional Sessions Judge confirmed the judgment and order dated 29th August, 2009 of the learned Judicial Magistrate First Class, Patan in Criminal Case No.901 of 2004, whereby the applicant-accused came to be convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of one and to pay fine of Rs.5,000/- and in default of payment of fine, to undergo further simple imprisonment for three months. It was also directed that the applicant shall pay Rs.50,000/- towards compensation to the original complainant-respondent No.2 herein.

(2.) TODAY when the Revision is posted for hearing, learned advocate Mr.Vaishya for the applicant submitted that the parties have settled their dispute. He also produced terms of settlement executed on the stamp paper signed by the applicant-original accused and original complainant-respondent No.2 herein, as well as counter signed by the learned advocate for the applicant identifying signatures.

(3.) THE applicant-original accused Patel Rajnikant Bhagwandas as well as original complainant- respondent No.2 Bava Ganeshdasji Guruvanshidasji are personally present in the Court today and are identified by learned advocate Mr.Vaishya for the applicant. Learned advocate for the applicant identifies the respondent No.2 with reference to and on the basis of Election Card, which he is having with him. Xerox copies of Election Cards of both of them are produced on record. Both, applicant and respondent No.2 were asked by the Court with regard to settlement they have entered into.