The court has the power to quash and set aside the conviction under Section 138 of the Negotiable Instruments Act if the entire amount has been deposited and the dispute has been settled between the parties.

ORDER

1. Rule. learned APP waives service of notice of rule on behalf of the respondent-State. Learned advocate Mr.Bhavin Raiyani on behalf of the complainant is permitted to file Vakalatnama on behalf of the complainant.

2. This application has been filed challenging the order dated 12.03.2024 passed by the learned Principal Senior Civil Judge & Additional Chief Judicial Magistrate, Surendranagar in Criminal Case No. 2402 of 2023 under Section 138 of the Negotiable Instrument Act whereby, the learned Magistrate was pleased to convict the applicant herein under Section 138 of the Negotiable Instrument Act and had further ordered the Petitioner to undergo simple imprisonment for a period of 2 years. The learned Magistrate also passed the order under Section 357(3) for payment of Rs.3,50,000/- as compensation, failing which, the Petitioner is further ordered to undergo 6 months simple imprisonment.

2. Learned advocate Mr.Raxit J Dholakia has submitted that the whole amount is deposited to the complainant and dispute has already been settled between the parties and therefore, he prayed to allowed this Revision application by quashing and setting aside the impugned judgment and order of conviction.

3. On the other hand, learned advocate Mr.Bhavin Raiyani has filed the affidavit on behalf of the complainant stating that the amount is received from the applicant and the complainant is not having any objection if this application is allowed.

4. Considering the submission made by the learned advocates of the respective parties, this court deem is fit to allow this application by quashing and setting aside the impugned judgment and order of conviction.

5. The present applicant is directed to deposit the amount NEUTRAL CITATION R/CR.MA/10005/2024 ORDER DATED: 31/05/2024 undefined of Rs. 50,000/- pursuant to the judgment passed by the Hon’ble Supreme Court in the case of Damodar S. Prabhu Vs. Sayed Babalal H reported in 10 5 SCC 663 before the Legal Service Authority, High Court of Gujarat within a period of 2 weeks from today. Revision Application is allowed accordingly.