JAYANTILAL CHATURBHAI PUROHIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered him to undergo simple imprisonment for one year for the offence punishable under Section 138 of the Negotiable Instruments Act and ordered to pay an amount of Rs. 1,00,000/- as compensation to the respondent No. 2-orig. complainant vide his judgment and order dated 27. 5. 2009 in Criminal Case No. 1872 of 2008, by the learned Metropolitan Magistrate, Ahmedabad. The petitioner being aggrieved by the aforesaid judgment and order, preferred Criminal Appeal No. 127 of 2009 before the City Civil and Sessions Court, Ahmedabad, which was dismissed by the learned Addl. Sessions Judge, Ahmedabad and confirmed the judgment and order passed by the learned Magistrate, vide his judgment and order dated 24. 7. 2009. Both the aforesaid judgments and orders are under challenge in this revision application.

(2.) AS the matter is pertaining to bouncing of cheque, the same was sent to the Mediation Centre. In pursuance of the order passed by this Court, the petitioner had already deposited an amount of Rs. 1,00,000/- before this Court. The matter came to be settled before the Mediator. In the settlement purshis, it is mentioned that the applicant-orig. accused has deposited an amount of Rs. 1,00,000/- before this Court and out of the said amount, an amount of Rs. 85,000/- has to be paid to the respondent No. 2-orig. complainant by way of cheque and after receipt of the amount of Rs. 85,000/-, the respondent-orig. complainant has agreed to quash and set aside the Judgments and orders passed by the Courts below in Criminal Case No. 1872 of 2008 as well as Criminal Appeal No. 127 of 2009. It is also recorded in the settlement purshis that, the balance amount of Rs. 15,000/- has to be refunded to the applicant-orig. accused.

(3.) IN view of the above, office is directed to pay an amount of Rs. 85,000/- to the respondent No. 2-orig. complainant and an amount of Rs. 15,000/- to the petitioner-orig. accused by way of account payee cheque, out of the amount deposited by the petitioner before this Court, after due verification.