SAMIMBANU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of learned advocates for the respective parties, the matter is taken up for final hearing. Hence, Rule. Learned Additional Public Prosecutor Mr.Pranav Trivedi waives service of notice of Rule on behalf of the respondent - State whereas learned advocate Mr.Nabilkhan Yusufzai for learned advocate Mr.A.I.Saiyed waives service of notice on behalf of respondent No.2 - original complainant.

(2.) By way of this application, the applicant has prayed for quashing the judgment passed by the learned Chief Judicial Magistrate, Surat rendered in Criminal Case No.30048 of 2007 on 22/2/2022 below Exh.41 whereby the learned 18th Additional Chief Judicial Magistrate, Surat was pleased to convict the present applicant under Sec. 225(2) of the Code of Criminal Procedure, 1973 (' Cr.P.C .', for short) for commission of an offence under Sec. 138 of the Negotiable Instruments Act by imposing punishment of simple imprisonment for 12 months with a direction to pay a sum of Rs.6,00,000.00 (Rupees Six Lakhs Only) to the complainant within a period of thirty days from the date of the order.

(3.) Today, learned advocate Mr.Yusufzai appeared for the complainant before this Court and pointed out that affidavit is filed by the complainant - original respondent no.2 viz. Arvindbhai Harkishanbhai Patel stating that he is withdrawing all allegations alleged against the accused persons by him and the issue is now settled between the parties and, therefore, he has no objection if the complaint is quashed by this Court.