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2010 DIGILAW 99 (GUJ)

Khanubhai Janibhai Vanzara v. State of Gujarat

2010-02-24

MD.SHAH

body2010
JUDGMENT : Md. P. Shah, J. Revision Application No. 407 of 2008 has been preferred by the petitioner-original accused who was convicted for offence punishable under section 138 of the Negotiable Instruments Act by judgment and order dated 9.1.2008 passed in criminal case No.151/2005 by the learned Judicial Magistrate First Class Thasra and sentenced him to undergo simple imprisonment for one year and fine of Rs. 5000/- in default, simple imprisonment for one month. The said judgment and order was challenged before the learned Sessions Judge by way of filing Appeal No. 13 of 2008 dated 30.5.2008 which was dismissed by the learned Addl.Sessions Judge, Fast Track Court No.2, Nadiad by judgment and order dated 30.5.2008. Both these orders are challenged in this Revision. 2. Original complainant has also preferred Revision Application against then rejection of compensation of Rs. 1,50,000/- being Criminal Revision Application No.527 of 2008. 3. It is submitted by the learned Advocate for the petitioner Mr Chirag B Patel that the matter has been amicably settled between the parties. He has placed on record the settlement pursis which is ordered to be taken on record. Mr Murali Devnani, learned Advocate appears on behalf of the original complainant. It is submitted by him that the matters are settled between the parties and as per the settlement the full and final amount in question has been received by the complainant and he has no grievance against the present accused. 4. This court has gone through the consent terms produced by the petitioners. The accused was present before the court. Signature of the complainant and the accused were identified by the respective learned advocates. When the matter is settled between the parties and when there is no dispute regarding the amount in question between the parties and full and final payment is also made, in light of the amended section 147 of the Negotiable Instruments Act and in light of the decision of the Hon'ble Supreme Court in the case of Vinay Devanna Nayak v. Ryot Seva Sahakari Bank Ltd. (2007(0) GLHEL-SC 40168. this Revision Application is required to be allowed and is accordingly allowed. The impugned judgment and orders passed by the learned Addl.Sessions Judge, Nadiad and of the learned Judicial Magistrate First Class, Thasra are quashed and set aside. The revisionist is acquitted of the offence under section 138 of the Negotiable Instruments Act. this Revision Application is required to be allowed and is accordingly allowed. The impugned judgment and orders passed by the learned Addl.Sessions Judge, Nadiad and of the learned Judicial Magistrate First Class, Thasra are quashed and set aside. The revisionist is acquitted of the offence under section 138 of the Negotiable Instruments Act. So far as the refund of fine paid by the accused shall be refunded to him. Rule is made absolute accordingly. 5. In view of the order passed in this matter, Criminal Revision Application No. 527 of 2008 does not survive and is accordingly disposed of. Revision Application Allowed.