Learned advocate Mr. NR Mehta for the petitioner and Mr. Motilal Gamnaji Patel - Power of Attorney Holder of M/s Gamnaji Premji are present. The parties have placed on record Compromise Deed executed between the parties before Notary Public on 14/6/2012. The Compromise Deed is taken on record.
Learned advocate Mr. Mehta for the petitioner and respondent no. 2 state that the parties have settled the matter out of the Court and the petitioner has compounded the offence and paid the cheque amount. Respondent no. 2 Mr. Motilal G. Patel - Power of Attorney Holder of M/s Gamnaji Premji admits that the dispute is settled and the offence is compounded and he has received the cheque amount. Respondent no. 2 also states that he has no objection, if the conviction is set aside.
It appears from the Compromise Deed that at the time of seeking bail, the petitioner deposited Rs. 56,150/- out of the cheque amount of Rs. 1,12,300/- in the Court and the said amount has been withdrawn by respondent no. 2. It also indicates that balance amount of Rs. 56,150/- has been paid to respondent no. 2 by way of demand draft drawn on Bank of Baroda and the offence has been compounded.
In view of above, as the petitioner has paid the cheque amount and respondent no. 2 has compounded the offence, the orders under challenged are required to be set aside.
In view of above, the order of conviction and sentence passed by learned Metropolitan Magistrate, Court no. 2, Ahmedabad on 4/5/2011 in Criminal case no. 2824/2010(new)/Criminal case no. 1326/2002(old) convicting the petitioner under section 138 of the Negotiable Instrument Act and sentencing him to undergo simple imprisonment of one year and to pay fine of Rs. 5000/- and confirmed by learned Additional City Sessions Judge, Ahmedabad in Criminal Appeal no. 197/2011 on 7/2/2012 are set aside. The petitioner is acquitted of the offence charged against him. The petitioner is on bail. His bail bonds stand cancelled. The amount of fine paid be refunded to the petitioner.
The revision application stands disposed of accordingly.
(BANKIM.N.MEHTA, J) asma Top