1. This Revision is directed against the judgment and order dated 23.12.2009 passed in Criminal Case No.1810 of 2008 by the learned 5th Additional Senior Civil Judge and Judicial Magistrate First Class, Mehsana, whereby the petitioner has been convicted for the offence punishable under Section 138 read with Section 142 of the Negotiable Instrument Act, 1881 and sentenced to undergo S.I. for six months and to pay a fine of Rs.5000/, in default, the petitioner was ordered to undergo S.I. for one month. The petitioner was further ordered to pay Rs.1,00,000/ to the complainant by way of compensation. Feeling aggrieved by the said judgment and order, the petitioner challenged the same before the Sessions Court. The learned Additional Sessions Judge, Mehsana confirmed the said order by passing order dated 14.10.2011 in Criminal Appeal No.22 of 2010.
2. The learned advocate Mr. Shah appearing for the petitioner, has submitted that the dispute between the parties have been amicably settled with the intervention of friends and other respected persons. He has further submitted that the petitioner has paid the amount of Rs.1 Lac to the original complainant. The original complainant has filed affidavit stating all the facts about settlement of the dispute. Learned advocate further submitted that that since the amount is recovered, the complainant does not want to continue with the criminal proceedings against the petitioner. The said affidavit is ordered to be taken on record.
3. Heard Mr. Gadhvi, learned advocate for Mr. Brahmbhatt for the original complainant and Mr. H.L. Jani, learned APP for the State. Learned advocate for the complainant has no objection about the same.
4. I have given anxious consideration to the case and also the plea put forward for seeking permission for compromise.
5. Considering the totality of the facts in the background of the settled legal position, I allow the parties to compromise their issue. Thus, the Revision is partly allowed. The impugned judgment and order dated 23.12.2009 passed by the 5th Additional Senior Civil Judge and Judicial Magistrate First Class, Mehsana, in Criminal Case No.1810 of 2008 and order dated 14.10.2011 passed by the Additional Sessions Judge, Mehsana in Criminal Appeal No.22 of 2010 are modified in view of the settlement arrived at between the parties.
6. In view of the above, the Revision is partly allowed. The conviction recorded by the Courts below of the accused are confirmed. However, so far as the sentence part is concerned, the same is modified to the extent that the sentence already undergone by the accused shall be treated to be sufficient sentence, in view of the compromise arrived at between the parties. The petitioner is on bail, his bail bonds stands cancelled. The complainant is permitted to withdraw the amount of compensation. Rest of the judgment of the Courts below shall remain unaltered. R and P, if lying with this Court, be sent back to the court below forthwith. Rule is made absolute to the aforesaid extent. Direct service is permitted.
ynvyas (Z.K.SAIYED, J.)