NEUTRAL CITATION
R/CR.RA/116/2015 ORDER DATED: 22/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL REVISION APPLICATION NO. 116 of 2015
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SHAILESHKUMAR SURYAKANT VAYAS
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MS DIYA D MITRA, ADVOCATE FOR MR AFTABHUSEN ANSARI(5320) for
the Applicant(s) No. 1
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 22/09/2023
ORAL ORDER
1. Learned advocate Ms. Diya D. Mitra for learned advocate Mr. Aftabhusen Ansari for the applicant placed on record an affidavit filed by the complainant, which is ordered to be taken on record.
2. This is an application challenging the judgment and order dated 20.06.2014 passed by the learned Judicial Magistrate First Class, Khambhat in Criminal Case No.859 of 2011, whereby, the applicant was ordered to undergo sentence of simple imprisonment for one year and fine of Page 1 of 3 Downloaded on : Fri Sep 22 20:50:11 IST 2023 NEUTRAL CITATION R/CR.RA/116/2015 ORDER DATED: 22/09/2023 undefined Rs.5,000/-. The order of the learned Judicial Magistrate First Class, Khambhat was further challenged before the learned Additional Sessions Judge, Anand in Criminal Appeal No.61 of 2014, where, the learned trial Court was pleased to partly allow the appeal and set aside the one year conviction and awarded additional compensation to the tune of Rs.3,00,000/-.
3. It is submitted by Ms. Diya Mitra learned advocate for the applicant that during the pendency of this revision application, a settlement was arrived at between the parties and the complainant has no objection, if the judgment and order passed by the learned Court below would be quashed.
4. Learned advocate Ms. Laksha Bhavnani for the complainant confirms about the settlement arrived at between the parties and given consent on the instructions of the client, who is present before this Court to allow the present revision application.
5. In view of the settlement arrived at between the parties, this revision application is hereby allowed. The Judgment and Page 2 of 3 Downloaded on : Fri Sep 22 20:50:11 IST 2023 NEUTRAL CITATION R/CR.RA/116/2015 ORDER DATED: 22/09/2023 undefined order, dated 20.06.2014 passed by the learned Judicial Magistrate First Class, Khambhat in Criminal Case No.859 of 2011 is hereby quashed in view of the judgment of Hon'ble Apex Court in the case of Damoder S. Prabhu Vs. Sayed Babalal reported in 2010 (5) SCC 663,. The applicant is directed to deposit 10% of the cheque amount before the Legal Aid Services, Gujarat High Court.
6. Learned Advocate Ms. Laksha Bhavanani is permitted to file vakalatnama on behalf of the respondent - complainant and the Registry is directed to accept the same. Rule is made absolute to the aforesaid extent.
(M. K. THAKKER,J) A. B. VAGHELA Page 3 of 3 Downloaded on : Fri Sep 22 20:50:11 IST 2023