JUDGEMENT
UMESH A.TRIVEDI,J. -
(1.)Ms. M. M. Jani, learned advocate has instruction to appear for and on behalf of respondent No.2 i.e. original complainant. She is in process of filing her appearance on behalf of the original complainant. Registry is directed to accept the Vakalatnama of Ms. M. M. Jani for and on behalf of respondent No.2-original complainant viz. Satish Pokardas Thadani, who is present before the Court and duly identified by Ms. M.M. Jani, learned advocate.
1.1 RULE. Learned APP Ms. Jirga Jhaveri, waives service of notice of rule for and on behalf of respondent No.1- State of Gujarat as also learned advocate Ms. M. M. Jani, waives service of notice of rule for and on behalf of respondent No.2- original complainant.
(2.)This revision application is directed against the judgment of conviction and order of sentence dated 25.09.2018 passed by the learned Additional Chief Metropolitan Magistrate, Court No.35, Ahmedabad in Criminal Case No.1019 of 2015 convicting the petitioner-accused for an offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') and directed his to undergo simple imprisonment of one year, and in default of payment of cheque amount, he is ordered to undergo further 30 days of simple imprisonment. The said order has been confirmed by the learned Additional Sessions Judge, City Sessions Court, Ahmedabad, vide judgment and order dated 13.03.2020 rendered in Criminal Appeal No.599 of 2018. Hence, both these orders are under challenge before this Court.
(3.)Ms. M. M. Jani, learned advocate placed on record affidavit duly affirmed by respondent no.2 - original complainant, who is personally present before the Court and identified by learned Advocate representing him. The said affidavit is taken on record. As recorded in the affidavit, the complainant has no objection if this Revision Application is allowed and the judgment of conviction and order of sentence recorded by the Competent Court and confirmed by the Appellate Court is set aside.
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.