The applicant -
original accused has filed this Revision Application under Section 397 of the Criminal Procedure Code, 1973, praying for quashing and setting aside the judgment and order dated 7.3.2012 passed in Criminal Appeal No.34 of 2008 by the learned Additional Sessions Judge, Court No.9, Ahmedabad and further prayed to suspend the substantial sentence passed by the learned 4th Metropolitan Magistrate at Ahmedabad in Criminal Case No.317 of 2002.
Heard Mr.P.T.Jasani, learned advocate for the applicant and Mr.K.P.Raval, learned APP for the respondent - State.
Both the parties are present in the Court and they have filed compromise purshis in Criminal Misc. Application No.6215 of 2012. The applicant states that she has handed over Demand Draft bearing No.118954 for an amount of Rs.75,000/- dated 2.5.2012 drawn on Bank of Baroda, New Cloth Market, Ahmedabad, to the original complainant. The original complainant admits the same. Mr.Jasani, learned advocate for the applicant has also identified both the parties.
Mr.Jasani submits that the original complainant be permitted to withdraw the amount of Rs.40,000/- deposited by the applicant before the Court of learned 4th Metropolitan Magistrate at Ahmedabad.
In view of compromise purshis produced on record the Revision Application is allowed. The impugned judgment and order dated 19.2.2008 passed in Criminal Case No.317 of 2002 by the learned 4th Metropolitan Magistrate at Ahmedabad as well as judgment and order dated 7.3.2012 passed in Criminal Appeal No.34 of 2008 by the learned Additional Sessions Judge, Court No.9, Ahmedabad, are quashed and set aside. The original complainant is permitted to withdraw the amount of Rs.40,000/- deposited by the applicant before the Court of learned 4th Metropolitan Magistrate at Ahmedabad. Direct service is permitted.
In view of order passed in Revision Application, the Criminal Misc.Application No.6215 of 2012 is disposed of.
(Z.K.SAIYED, J.) kks Top