(1.) THE applicant is the original accused while respondent No. 2 is the original complainant in criminal case No. 1945/98. Respondent No. 2 filed the above complaint for offence under section 138 of the Negotiable Instruments Act and 420 of IPC against the present applicant. The learned 3rd Addl. Senior Civil Judge, Himatnagar, by judgment and order dated 13. 4. 2007 convicted the accused for the pffence under 138 of the Negotiable Instruments Act and passed order of simple imprisonment for a period of 9 months and fine of Rs. 5000/- against the present applicant. The learned Judge also awarded Rs. 1,75,000/- towards compensation to respondent No. 2-complainant.
(2.) BEING aggrieved by the said order of conviction, the applicant preferred criminal Appeal No. 15/07 in the court of Learned Sessions Judge, Sabarkantha at Himatnagar. The learned Sessions Judge rejected the appeal and confirmed the order of conviction recorded by the learned Trial Judge. Challenging the above order, the present revisionist filed the present revision application.
(3.) THE complainant is present in the court. He is identified by learned advocate Mr J V Japee. The complainant himself submitted before the court that the matter is settled between the parties and he has received full and final payment as per the settlement. Now he has no grievance against the present applicant. The affidavit filed by the complainant is ordered to be taken on record. Permission is granted to compound the offence in light of section 147 of the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002.