1. This Revision is directed against the judgment and order dated 13.10.2006 passed in Criminal Appeal No.13 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.16, Vadodara, whereby he has confirmed the order passed by the learned Judicial Magistrate First Class, Vadodara, in Criminal Case No.1647 of 1999 dated 16.5.2005. Learned Magistrate has convicted the petitioner for the offence punishable under Section 138 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 three months. The petitioner was further ordered to pay Rs.50,000/ to the complainant by way of compensation.
2. The learned advocate 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. Learned advocate has submitted that the complainant will receive the cheque amount of Rs.1,80,000/ from the petitioner as full and final settlement. Out of the said amount, Rs.1,70,000/ has been deposited before this Court and Rs.10,000/ has been deposited before the lower Court for which, the petitioner has no objection. In support of the same, settlement pursis is produced. It is stated in the said settlement pursis, the complainant will withdraw the cases pending before any Court in subject matter of cheque amount and will not claim the same by any way in future.
3. I have given anxious consideration to the case and also the plea put forward for seeking permission for compromise.
4. Considering the totality of the facts in the background of the settled legal position, I allow the parties to compromise their issue. The impugned judgment and order dated 16.5.2005 passed by the Judicial Magistrate First Class, Vadodara, in Criminal Case No.1647 of 1999 and order dated 13.10.2006 passed by the Additional Sessions Judge, Fast Track No.16, Vadodara in Criminal Appeal No.13 of 2005 are not survived in view of the settlement arrived at between the parties. The order dated 13.10.2006 passed by the learned Additional Sessions Judge, Fast Track Court No.16, Vadodara in Criminal Appeal No.13 of 2005 is stayed by this Court vide order dated 16.11.2006.
5. In view of the above, the Revision is partly allowed. The complainant is permitted to withdraw the amount deposited by the petitioner i.e. Rs.1,70,000/ before this Court and Rs.10,000/ before the Sessions Court. 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.
Criminal Misc. Application No.14707 of 2007
In view of the order passed in Criminal Revision Application No.715 of 2006, this application does not survive. Hence, disposed of accordingly.
ynvyas (Z.K.SAIYED, J.)