KUNTAL MAHESHBHAI GANDHI Vs. DEVANGIBEN DARSHANBHAI SHAH

JUDGEMENT

(1.) Rule. Learned APP, Mr.Rashesh Rindani,waives service of rule on behalf of respondent No.1-State and Mr.Vijay Patel, learned advocate for HL Patel Advocates waives service of rule on behalf of respondent No.2.

(2.) This Revision Application is filed challenging the judgment of conviction and order of sentence passed by learned Additional Chief Metropolitan Magistrate (Negotiable Instruments Act) Court No.29, Ahmedabad vide Criminal Case No.3359 of 2012 by order dated 27.04.2017 convicting the applicant for an offence under Section 138 of the Negotiable Instruments Act and directing him to undergo simple imprisonment for a year and to pay compensation to the tune of Rs.50 Lacs being the double amount of cheque in question along with interest at the rate of 9% within 60 days of the order. At the same time, in default of the payment of said compensation amount, he was further ordered to undergo 30 days simple imprisonment. The said order which came to be modified to the extent of amount of compensation only and rest of the part of the judgment was confirmed by the learned Appellate Court by an order dated 17.11.2018 passed in Criminal Appeal No.436 of 2017.

(3.) Heard Mr.Tolia, learned advocate for the applicant, as also Mr.Vijay Patel, learned advocate for M/s.H.L.Patel Advocates for the original respondent No.1- original complainant. Pursuant to mutual understanding between the complainant, as also the accused an affidavit cum undertaking affirmed on 20.12.2018 whereby, the applicant has agreed to pay the amount of Rs.30 Lacs as mentioned in para-2 of the affidavit cum undertaking which is taken on record. As per the break up given in it, Rs.30 Lacs are paid by 28.04.2019 and the receipt thereof has been accepted by Mr.Vijay Patel, learned advocate for Respondent No.1.