Mr.Dipen Dave, learned counsel for respondent No.2, has produced affidavit of Mr.Dineshbhai Sadruddin Mirani, Recovery Member of Platinum Cooperative Credit Society, the respondent No.2, disclosing the fact that respondent No.2 has no objection if the applicant-accused is acquitted from the offence under Section 138 of the N.I. Act.
Heard Mr.L.M. Zala, learned counsel for the applicant, Mr.H.L. Jani, learned Additional Public Prosecutor for the respondent No.1-State and Mr.Dipen Dave, learned counsel for the respondent No.2.
Mr.Zala, learned counsel for the applicant states that the applicant is in jail.
Heard learned counsel for the respective parties and also perused affidavit filed on behalf of respondent No.2.
Notice to applicant, to be served through the Jail Superintendent, Surendranagar, returnable on 25th January, 2012. Jail Superintendent, Surendranagar is directed to produce the applicant before this Court on 25th January, 2012 at 11.00 am. Office is directed to list this matter on 25th January, 2012 at 11.00 am.
Direct Service is permitted.
(Z.
K. Saiyed, J) Anup Top