SHAH BABULAL PUNAMCHAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this Criminal Revision Application under section 397 r.w. Section 401 of the Criminal Procedure Code, 1973, the petitioner has challenged order dated 31.5.2008 in Criminal Appeal No.1/2007 and also order dated 11.12.2006 passed in Criminal Case No.811/2002. In this application, notice was issued on 5.6.2008 and was made returnable on 17.6.2008. On 20.6.2008, the Court was informed that the parties have arrived at a full and final settlement and the offence is compounded. The parties, therefore, jointly requested to pass order in the captioned revision application, in view of the settlement arrived at between the parties. Hence, Rule. Learned APP, Mr. K.C.Shah waives service of notice of rule on behalf of the respondent No.1. At the request and with consent of the learned advocates for the respective parties, the application is taken up for final hearing today as the offence has been compounded.

(2.) MR . AM Dagli, learned advocate for the petitioner has placed on record an affidavit dated 20.6.2008 made by Mr. Kumarpal Dayalal Shah, "Manager of Kumarpal Dahyalal Shah H.U.F." i.e. the complainant. In light of the said affidavit, he submitted that the petitioner and the respondent No.2 have compounded the offence.

(3.) THE complainant, Kumarpal Dayalal Shah has, in the said affidavit, stated on oath as follows: -