AYUSHDEEP REALTY PVT. LTD. Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith in each of the Revision Applications. Ms. Divyangna Jhala, learned APP waives service of rule on behalf of Respondent No.1 -State and Mr. Anal S. Shah, learned advocate waives service of rule on behalf of Respondent No.2 in each of the Revision Applications.

(2.) These Criminal Revision Applications are directed against order passed by the (1) learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No.617 of 2015 so far as Criminal Revision Application No.417 of 2022 (2) learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 618 of 2015 so far as Criminal Revision Application No.418 of 2022 and (3) learned Chief Metropolitan Magistrate, Ahmedabad in Criminal Case No. 616 of 2015 so far as Criminal Revision Application No.422 of 2022 are concerned convicting the petitioner for an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (herein after referred to as 'the Act') and ordered him to undergo one year simple imprisonment. Over and above that, cheque amount was ordered to be paid to the complainant as compensation and in default of payment of compensation, he is ordered to further undergo 90 days simple imprisonment. The said judgments of conviction and order of sentences were carried in Appeal being (1) Criminal Appeal No.15 of 2019 so far as Criminal Revision Application No.417 of 2022 (2) Criminal Appeal No.14 of 2019 and so far as Criminal Revision Application No.418 of 2022 and (3) Criminal Appeal No.13 of 2019 so far as Criminal Revision Application No.422 of 2022 are concerned, which also came to be dismissed by the learned Additional Sessions Judge, Ahmedabad vide order dtd. 31/3/2022. All these orders are under challenge in these Criminal Revision Applications.

(3.) Mr.Ashlesh Upendra Shastri, Respondent No.2, original complainant is present before the Court duly identified by Mr.Anal S. Shah, learned advocate representing him. In all these three Revision Applications, he tendered an affidavit dtd. 11/1/2023 stating therein that total cheque amount, which petitioner-accused has deposited either before this Court or before the lower Court, if it is ordered to be paid to him, he has no objection if judgments of conviction and order of sentences passed by the trial Court and confirmed by the appellate Court are quashed and set aside. The said affidavits are ordered to be taken on record.