Khokhar Iliyas Bismillakhan vs State Of Gujarat
2021 Latest Caselaw 3978 Guj

      R/CR.MA/18712/2020                                            ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION NO.                18712 of 2020

==========================================================
                    KHOKHAR ILIYAS BISMILLAKHAN
                               Versus
                   STATE OF GUJARAT & 1 other(s)
==========================================================
Appearance:
DR VENUGOPAL PATEL(7411) for the Applicant(s) No. 1
MR DIGANT M POPAT(5385) for the Respondent(s) No. 2
MS NISHA THAKORE, APP for the Respondent(s) No. 1
==========================================================

 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 09/03/2021

                                   ORAL ORDER

1. Heard Dr. Venugopal Patel, learned advocate for the applicant, Mr. Digant M. Popat, learned advocate for the respondent no.2 and Ms. Nisha Thakore, learned APP for the respondent­State.

2. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. He submitted that the amount has been repaid in cash. He submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.2 is resolved and the respondent no.2 has no objection if the judgment and order dated 13.12.2019 passed in Criminal Case No.1813 of 2019 under Section 138 of the Negotiable Instruments Act is quashed and set aside.

R/CR.MA/18712/2020 ORDER

3. Since the applicant is also convicted under Section 138 of the Negotiable Instruments Act, learned advocates for appearing for both the sides, have relied upon the decisions reported in (2012) 1GCD 387, 2004 (2)GLH 544 and (2010) 5SCC 663.

4. Stand over to 15.03.2021.

(VAIBHAVI D. NANAVATI,J)

NEHA