Minu Rajendra Sheth vs State Of Gujarat
2023 Latest Caselaw 2215 Guj

      R/CR.RA/966/2021                                   ORDER DATED: 13/03/2023




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/CRIMINAL REVISION APPLICATION NO. 966 of 2021

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                            MINU RAJENDRA SHETH
                                    Versus
                              STATE OF GUJARAT
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Appearance:
MR JIGAR D DAVE(6528) for the Applicant(s) No. 1
MS MEENA VYAS(3315) for the Respondent(s) No. 2
MR.PRANAV TRIVEDI APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 13/03/2023

                                   ORAL ORDER

[1] The revisionist is convicted by order dated

06.07.2018 by learned Additional Chief Metropolitan

Magistrate, N.I.Court, Ahmedabad in Criminal Case

No.71 of 2016, reaffirmed by judgment and order

dated 27.12.2021 passed in Criminal Appeal No.419

of 2018 by learned Additional Sessions Judge,

Ahmedabad.

[2] Mr.Jigar Dave, learned advocate for the

revisionist submitted that during the pendency of the

proceedings, parties have settled the disputes

amicably outside the Court, and that there remains

R/CR.RA/966/2021 ORDER DATED: 13/03/2023

no grievance between them.

[3] Ms.Meena Vyas, learned advocate for

respondent No.2 has placed Settlement Affidavit of

respondent No.2 - original complainant and stated

that the entire amount as agreed between the

parties, has already been paid. The same is taken on

record.

[4] Today, Mr.Nirav Vikrambhai Shah -

respondent No.2, is present before this Court and he

has affirmed the contents of the Affidavit and is

identified by Ms.Meena Vyas, learned advocate. He

has further stated that an amount of Rs.30,000/- has

been deposited before the Nazir of City Civil and

Sessions Court, Ahmedabad on 07.08.2018.

[5] Section 147 of the N.I. Act represents the

compounding offence, which has been laid down in

the provisions made in the Special Act. Thus, the

matter is considered as compounded.

[6] In view of the settlement arrived at

R/CR.RA/966/2021 ORDER DATED: 13/03/2023

between the parties, the order dated 06.07.2018

passed by learned Additional Chief Metropolitan

Magistrate, N.I.Court, Ahmedabad in Criminal Case

No.71 of 2016, reaffirmed by judgment and order

dated 27.12.2021 passed in Criminal Appeal No.419

of 2018 by learned Additional Sessions Judge,

Ahmedabad, is hereby quashed and set aside.

[7] In view of the above, Nazir of City Civil

and Sessions Court, Ahmedabad is directed to refund

the amount as deposited on 07.08.2018 by the

accused, after due verification.

Direct service is permitted.

(GITA GOPI,J) MANOJ