(1.) IN the facts and circumstances of the case as the learned advocates appearing for the respective parties have stated that parties have settled the dispute, and with the consent of the respective advocates for the parties, the present application is taken up for its final disposal today. Therefore, Rule. Learned advocate Mr.R.D. Makwana waives service of notice of Rule on behalf of respondent No.1 and learned Additional Public Prosecutor Mr.L.R. Pujari waives service of notice of Rule on behalf of respondent No.2- State.
(2.) IT is not necessary to go into the detail facts as the parties have settled their dispute. The judgment and order impugned in the present revision application is dated 18th December, 2012 in Criminal Appeal No.256 of 2011 passed by the learned Additional Sessions Judge, Court No.7, Ahmedabad City whereby the judgment and order 30th dated May, 2011 passed by the learned Metropolitan Magistrate, Negotiable Instruments Act Court No.6, Ahmedabad in Criminal Case No.1559 of 2010 came to be confirmed. The learned Magistrate by the said judgment and order convicted the applicant herein for the offence under Section 138 of the Negotiable Instruments Act, 1882 and sentenced him to undergo simple imprisonment for one year and to undergo further simple imprisonment for four months if the amount of cheque is not paid within 60 days.
(3.) IN the above view, it is evident that parties have settled their disputes, which was verified that the settlement was genuinely arrived to the satisfaction of both the sides.