ISHWARBHAI TAPUBHAI ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant-original accused has challenged the order dated 17.11.2008 passed in Criminal Appeal No.48 of 2007 by the learned Additional District Judge and Presiding Officer, 2nd Fast Track Court, Nadiad, whereby the order dated 17.07.2007 passed in Criminal Case No. 909 of 2005 by the learned Principal Civil Judge and Judicial Magistrate First Class, Dakor is confirmed, whereby the applicant was convicted for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to undergo simple imprisonment for one year with fine of Rs.5,000/- in default three months simple imprisonment.

(2.) Heard Mr.Rajesh Shah, learned advocate for the applicant and Mr. J.A.Adeshsra, learned advocate for the respondent No.2.

(3.) Mr. J.A.Adeshsra, learned advocate has fairly admitted that in present case dispute with regards to amount of Rs.5,000/- is settled between the parties and the both the parties were husband and wife. He, therefore, prays to dispose of the matter on settlement arrived at between the parties.