Bhikhabhai Ramjibhai Patel vs State Of Gujarat
2023 Latest Caselaw 6843 Guj

                                                                                            NEUTRAL CITATION




     R/CR.RA/204/2013                                         ORDER DATED: 15/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/CRIMINAL REVISION APPLICATION NO. 204 of 2013

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                         BHIKHABHAI RAMJIBHAI PATEL
                                   Versus
                         STATE OF GUJARAT & 1 other(s)
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Appearance:
MR MB RANA(2760) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
SUREN B PATEL(8420) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                  Date : 15/09/2023

                                   ORAL ORDER

1. RULE. Learned APP Mr.Kanva Antani waives service of rule for the respondent-State.

2. By way of filing present application under Section 397 read with 401 of the Code of Criminal Procedure, 1973, the applicant has sought to challenge the judgment and order dated 16.03.2013 passed by Additional Sessions Judge, Vadodara in Criminal Appeal No.80 of 2009 as well as judgment and order dated 20.07.2009 passed by the Judicial Magistrate First Class, Sankheda in Criminal Case No.627 of 2007, whereby the present applicant came to be convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.

3. At the outset, Mr.M.B.Rana, learned advocate for the applicant and Mr.Suren Patel, learned advocate for the respondent no.2 have stated that pending the present application, the matter has been amicably settled between the

NEUTRAL CITATION

R/CR.RA/204/2013 ORDER DATED: 15/09/2023

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parties. The respondent no.2 has also filed his affidavit to the said effect, which is taken on record. Along with the said affidavit, a settlement deed is also produced on record.

4. Having gone through the affidavit filed by the respondent no.2 as well as settlement deed, it appears that the pending the present application, the parties have amicably settled their dispute outside the Court.

5. In view of the said settlement arrived at between the parties, the present application is allowed, however, subject to applicant depositing the cost of Rs.50,000/- with the Gujarat State Legal Services Authority in view of the judgment of the Apex Court in the case of Damodar S.Prabhu vs Sayed Babalal H reported in 2010 (5) SCC 663 within a period of 1(One) month from today. The judgments and orders impugned in present application are hereby quashed and set aside. The applicant stands acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act. Rule is made absolute to the aforesaid extent.

(M. R. MENGDEY,J) GIRISH