JITENDRABHAI VINODBHAI TAPODHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Advocate for the applicant-revisionist, who submits that the complainant is the family friend of the accused and the applicant had borrowed the amount from him, however because of the financial crunch at the relevant time could not pay the amount. It is submitted that now the applicant has had issued a cheque of the State Bank of India, Kidney Hospital Branch, Nadiad bearing cheque No.438451 dtd. 1/9/2015 for Rs.2,23,200.00 and the said cheque has been honored. It is submitted that the complainant has received the total amount.

(2.) Learned Advocate Mr. Suren B. Patel appearing for the respondent No.2 has filed an Affidavit of learned Advocate Mr. Jayant J. Naik (who appears for the complainant in the trial Court) and it has been affirmed by the learned Advocate Mr. Jayant J. Naik before the Notary on 21/12/2021 that the dispute has been settled and that the total amount has been received by the complainant.

(3.) Today learned Advocate Mr. Suren B. Patel has produced an Affidavit of the complainant - Sahileshbhai Thakorbhai Patel which is executed before the Notary at Wells Fargo Bank, New Jersey on 18/1/2022 where the complainant himself has affirmed about the receipt of the amount. It is also stated in the Affidavit that the complainant does not want to proceed with the matter and desires to have a harmonious and cordial relationship with the applicant. The above Affidavit is ordered to be taken on record of the case.