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2022 Supreme(Guj) 657

SAMIR J.DAVE
Thakor Amratji Jagmalji – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Applicant : Mr. M.T. Saiyad.
For the Respondent: Mr. P.M. Dave, Ms. M.H. Bhatt, APP.

ORDER :

1. Rule. Learned APP waives service of notice of Rule for and on behalf of Respondent No.1-State and learned advocate Mr. P.M. Dave waives service of notice of Rule for and on behalf of Respondent-2.

2. By this application under section 397 read with section 401 of the Code of Criminal Procedure, 1973 the applicant has prayed to quash and set aside judgment and order dated 04.10.2021 passed by the learned 2nd Additional Sessions Judge, Mahesana in Criminal Appeal No.28 of 2020 and the judgment and order dated 16.12.2019 passed by the learned 2nd Additional Judicial Magistrate First Class, Mahesana in Criminal Case No.850 of 2017.

3. In view of the fact that the parties have settled their disputes, learned advocate for respondent no.2-original complainant jointly with learned advocate for the applicant submitted that offence may be permitted to be compounded.

4. It appears from the record that applicant was put to trial in the Court of the learned Additional Judicial Magistrate First Class, Mahesana in Criminal Case No.850 of 2017 for the offences punishable under section 138 of the Negotiable Instrument Act. The Trial Court vide judgment and order dated 16.12.2019 held the appl

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