LAWS(GJH)-2023-3-656

PATEL BHIKHABHAI MAFATLAL Vs. STATE OF GUJARAT

Decided On March 03, 2023
Patel Bhikhabhai Mafatlal Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) In both these matters, the challenge is given to the concurrent finding of conviction and sentence under Sec. 138 of the Negotiable Instruments Act. In Criminal Revision Application No.1407 of 2019, it is prayed to quash and set aside judgment and order dtd. 13/6/2018 passed in Criminal Case No.296 of 2018 by learned 2 nd Additional Judicial Magistrate, First Class, Vijapur, District-Mehsana and judgment dtd. 20/9/2019 passed in Criminal Appeal No.102 of 2018 passed by learned 5th Additional Sessions Judge at Mehsana.

(2.) In Criminal Revision Application No.1408 of 2019, it is prayed to quash and set aside judgment and order dtd. 13/6/2018 passed in Criminal Case No.297 of 2018 by learned 2nd Additional Judicial Magistrate, First Class, Vijapur, District- Mehsana, and judgment and order dtd. 20/9/2019 passed in Criminal Appeal No.103 of 2018 passed by learned 5 th Additional Sessions Judge at Mehsana.

(3.) The complainant-Kiritkumar Vrajlal Dave is present before this Court. He is identified by learned advocate Mr.Dipen Chaudhari. The complainant states that the matter is settled between the parties and affidavits of the complainant are filed to this effect in both these matters. The complainant states that he has settled the dispute and, in total, he is to receive an amount of Rs.4,50,000.00 and, out of this amount, Rs.4,37,500.00 is already deposited before the District Court, Mehsana, and the remaining amount of Rs.12,500.00 he will receive in cash from the applicants.