By way of present Revision Application, the applicant - original accused has challenged the judgment and order dated 29/7/2009 passed by learned 5th Additional Senior Civil Judge and Chief Judicial Magistrate at Nadiad in Criminal Case no. 8257/2006, by which, the applicant was convicted and sentenced for six months and fine of Rs. 1500/- and in default one month of simple imprisonment for the offence under section 138 of the Negotiable Instrument Act, 1881 as well as the judgment and order dated 24/9/2010 passed by learned Additional District Judge and Second Fast Track Court, Nadiad in Criminal Appeal no. 62/2009, by which, the sentence awarded by the Trial Court was confirmed.
The matter came up for hearing on 3/11/2010. On condition of depositing Rs. 30,000/-, the matter was admitted and interim relief was granted as prayed for by the applicant.
Today, the parties have filed compromise purshis, by which, they have agreed for settlement. The said compromise purshis is taken on record. It is admitted by the applicant accused that the applicant has to pay Rs. 1,25,000/- in installments as stated in the said purshis. The applicant accused shall file the undertaking in accordance with compromise purshis on or before 23rd July, 2012. If the petitioner fails in complying with the undertaking, the respondent shall at liberty to file appropriate application for revival of this Revision Application.
Since, the parties have agreed and compounded the offence, both the judgments i.e. judgment and order dated 29/7/2009 passed by learned 5th Additional Senior Civil Judge and Chief Judicial Magistrate, Nadiad in Criminal Case no. 8257/2006 & judgment and order dated 24/9/2010 passed by learned Additional District Judge and Second Fast Track Court, Nadiad in Criminal Appeal no. 62/2009 are hereby quashed and set aside. The Revision Application is allowed accordingly.
Registry is directed to issue cheque in the name of respondent no. 2 to the tune of Rs. 30,000/-, which has been deposited by the petitioner.
(A.J.DESAI, J) *asma Top