BHURABHAI AMBALAL PARMAR Vs. PATEL KIRANBHAI AMRATBHAI

JUDGEMENT

(1.) Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.

(2.) Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith since parties have settled the dispute as alleged offence is bailable and compoundable.

(3.) By way of this application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the applicant has prayed for quashing and setting aside the order dtd. 11/4/2023 passed by the learned Additional Senior Civil Judge & Chief Judicial Magistrate, Bayad in Criminal Case No.1973 of 2015, whereby the Trial Court has pleased to pass an order of conviction and sentence of 1 year of SI and order to pay fine of Rs.13,10,570.00 and ID, he has to undergo further SI for the 3 months. The said order is assailed before the learned additional Sessions Judge, Aravalli @ Modasa by way of impugned Judgment and order of sentence dated nd 18/8/2023 passed by 2 Additional Sessions Judge, Aravalli @ Modasa in Criminal Appeal No. 106 of 2023. The said appeal came to be dismissed and the order of conviction has been confirmed and upheld by the Additional Sessions Judge. Hence, this Revision Application is filed.