MUKESHBHAI AMRATBHAI CHAUDHARY Vs. IBRAHIMBHAI HASANBHAI MANSURI

JUDGEMENT

(1.) Rule. Learned APP and learned advocate Ms. Mrinal Bhatnagar appearing for the original complainant waive service of notice of rule on behalf of the respective respondents. With the consent of learned advocates on both the sides, the matter is heard finally.

(2.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, the petitioner-convict has prayed to quash and set aside, on the basis of compromise arrived at between the parties, the judgment and order dtd. 31/12/2022 passed by the learned 4th Addl. Judicial Magistrate (F.C.), Gandhinagar in Criminal Case No.5080 of 2020 whereby, the petitioner came to be convicted for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act ") and has been sentenced to undergo SI for two years and to pay compensation of Rs.10.00 Lacs along with 6% interest from the date of complaint to the original complainant.

(3.) Learned advocate Mr. Amit Patel appearing for the petitioner-accused submitted that the parties have mutually settled the dispute and that pursuant to such settlement, the original complainant has also filed an Affidavit, which is on record. The complainant has categorically stated in the Affidavit that the dispute between them has been amicably resolved and that he has no objection, if the impugned judgment and order of conviction and sentence as also the consequential proceedings, if any, are quashed and set aside as no grievance survives between them.