ALPESHKUMAR SURESHBHAI THAKKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present application, the applicant has challenged the judgment and order dated 30.05.2016 passed by learned Judicial Magistrate First Class, Dhanera in Criminal Case No. 791 of 2013 as well as judgment and order dated 24.09.2019 passed by learned 2nd Additional Sessions Judge, Deesa in Criminal Appeal No.25 of 2016.

(2.) The facts of the present case are summarized as under: That, the original complainant and accused were studying together and thereafter, for the business of scape, when the accused was coming to Jadiya from Shergadh, then he was meeting with the complainant and because of such relation, as the accused had a need of Rs. 4 lacs thus, complainant had given Rs. 3,55,000/- to the applicant- accused and while demanding such amount back by the complainant, the accused issued a cheque No. 0544331 dated 26.03.2013 of Rs. 3,55,000/- and on the same day, ie., on 26.03.2013, the complainant deposited the said cheque with the Union Bank, Dhanera Branch, but the said cheque was returned with an endorsement of "account closed" and thereafter, Thereafter, the original complainant-respondent no.2 issued a notice to the applicant, but it was intentionally not accepted by the applicant-accused and the cheque amount was not paid thus, the complaint was lodged thereof and same has been registered as Criminal Case No.791 of 2013 and in the said case, the applicant was sentenced. Thereafter, the applicant approached the learned Sessions Court but, vide judgment and order dated 24.09.2019, learned 2nd Additional Sessions Judge, Deesa in Criminal Appeal No. 25 of 2016, confirmed the sentence imposed upon the present applicant. Thus, being aggrieved with the said order, the applicant has preferred present application.

(3.) Today, when the matter was taken up for hearing, a joint request was made by learned advocates for the respective parties that dispute between the parties is settled amicably. That, dispute was settled by the complainant by accepting Rs. 3,00,000/- as well as the amount of Rs. 88,750/- which was deposited by the present applicant before the trial Court are consented to be withdrawn by the complainant-respondent no.2. The complainant himself is present before the court and he is identified by learned advocate for the respondent no.2. He also confirms that Rs. 3,00,000/- has been received by him from the applicant and earlier, Rs. 88,750/- was deposited by the applicant before the trial court and in this regard, the respondent no.2 has filed his affidavit. Affidavit filed by the respondent no.2 as well as his Aadhar Card are taken on record.