1. By way of this Revision Application, the applicant have challenged the order dated 17.4.2010 passed in Criminal Case No.651 of 2001 by the learned Metropolitan Magistrate Court No.18, Ahmedabad, whereby the applicants - accused are convicted and ordered to suffer one year S.I. and fine of Rs.5000/- for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant was ordered to pay Rs.6,68,447.25 to the complainant within 60 days. The applicant has also challenged the said order by way of preferring Criminal Appeal No.198 of 2010 before the learned Additional Sessions Court, Ahmedabad, and learned Sessions Judge dismissed the said Appeal by order dated 25.11.2011.
2. Learned advocate Mr. Ekant Ahuja for the applicants and learned advocate Mr. Thakkar for the original complainant, both have stated that the dispute is amicably settled between the parties outside the Court. In support of the settlement, the settlement terms is produced before this Court, stating the settlement is taken place between the parties, which is ordered to be taken on record. The said settlement terms reflects that the applicant has agreed to make payment towards the outstanding amount. The applicants and original complainant are present before this Court. Learned advocate Mr. Thakkar for the respondent No.1 states that in view of the settlement, the orders passed by the Courts below may be quashed and set aside.
3. Heard learned APP Mr. Jani for the State.
4. Perused the application along with papers. I have verified the settlement terms filed by the parties and same is bearing the signatures of the complainant and applicants - accused as well as both the learned advocates for the parties.
5. Original complainant is permitted to withdraw the amount which is deposited before the learned Metropolitan Magistrate Court No.18, Ahmedabad.
6. In view of the settlement took place between the parties, the order passed by the learned Metropolitan Magistrate, Court No.18, Ahmedabad in Criminal Case No.651 of 2001 dated 17.4.2010 as well as the order dated 25.11.2011 passed in Criminal Appeal No.198 of 2010 are quashed and set aside. The applicant is on bail, his bail bond stands cancelled. Rule is made absolute accordingly. Record and Proceedings are ordered to be sent back to the concerned trial Court, if called for.
(Z.K.SAIYED,J.) ynvyas Top