JUDGEMENT
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(1.)RULE . Ms.Chetna Shah, learned Additional Public
Prosecutor waives the service of notice of rule on behalf of the
respondent No.1 � State and Mr.Mrugesh Jani, learned advocate
waives the service of notice of rule on behalf of the respondent
No.2 � original complainant.
(2.)IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of
the respective parties, and it is reported that the parties have
settled the dispute amicably, and the petitioner � original
accused has already deposited principal amount of Rs.60,000.00
with interest at the rate of 10% per annum from the date of
issuance of the cheque and the parties have requested to
permit them to compound the offence, present Revision
Application is taken up for final hearing today.
Present Revision Application, under section 397 read with section 401 of the Code of Criminal procedure, has
been preferred by the petitioner � original accused to quash
and set aside the impugned judgement and order of conviction
and sentence passed by the learned trial court - learned
Metropolitan Magistrate, NI Act Court No.6, Ahmedabad in
Criminal Case No.1124 of 2009 dtd.26/2/2010, in convicting
the petitioner - original accused for the offence under section
138 of the Negotiable Instruments Act for the dishonour of the cheque for an amount of Rs.60,000.00 as well as the impugned
judgement and order passed by the learned appellate court -
learned Additional Sessions Judge, City Civil and Sessions
Court, Ahmedabad in Criminal Appeal No.137 of 2010
dtd.25/1/2012, by which the learned appellate court had
dismissed the said appeal confirming the judgement and order
passed by the learned trial court.
(3.)TODAY when the present Revision Application is taken up for final hearing, Mr.Chauhan learned advocate
appearing on behalf of the petitioner � original accused has
stated that the petitioner � original accused has already
deposited the cheque amount of Rs.60,000.00 with the learned
appellate court and has also given a further sum of Rs.60,000.00
to the learned advocate for the respondent No.2 � original
complainant by way of two Demand Drafts, to be paid to the
original complainant towards interest on the principal amount
from the date of issuance of the cheque and has also
deposited 15% of the cheque amount i.e. Rs.9000.00 with the
Gujarat State Legal Services Authority which the petitioner is
required to be deposited in view of the decision of the Hon'ble
Supreme Court in the case of Damodar S. Prabhu Vs. Sayed
Babalal H., reported in (2010) 5 SCC 663, so as to enable
the petitioner � accused to compound the offence for which he
has been convicted.
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