CR.A/466/1995 1/2 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 466 of 1995 For Approval and Signature: HONOURABLE MR.JUSTICE J.C.UPADHYAYA ====================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ====================================== PATEL PARSOTTAMBHAI PRABHUDAS - Appellant(s) Versus NALINKUMAR JAGDISHCHANDRA & 1 - Opponent(s) ====================================== Appearance : MR FB BRAHMBHATT for Appellant(s) : 1, MR MJ DAGLI for Opponent(s) : 1, MR MR MENGDE A.P.P. for Opponent(s) : 2, ====================================== CORAM : HONOURABLE MR.JUSTICE J.C.UPADHYAYA Date : 12/03/2008 ORAL JUDGMENT Being aggrieved and dissatisfied by the impugned judgment and CR.A/466/1995 2/2 JUDGMENT order delivered by the learned Metropolitan Magistrate, Court No.9, Ahmedabad on 31.1.1995 in Criminal Case No.3758 of 1991, the original complainant Patel Parsottambhai Prabhudasbhai preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 against the respondent-accused No.1 Nalinkumar Jagdischandra Jani. 2. When the appeal came up for final hearing today, on behalf of the respondent-accused Nalinkumar Jagdishchandra Jani, his learned advocate Shri M.J.Dagli presented a compromise purshis, wherein it is stated that the entire dispute is settled for Rs.8,000/-, and the respondent is prepared to pay the first installment on 10.4.2008, and the remaining second installment shall be paid to the appellant-complainant on 10.5.2008. The learned counsel Shri F.B. Brahmbhatt for the appellant-complainant submits that his client has no objection if this compromise is accepted, and his client, the appellant accepts the compromise. Therefore, both the parties are bound by the compromise. Accordingly, the writing contained in the compromise, in form of affidavit of the respondent-accused be taken on record, and accordingly the acquittal appeal stands disposed of. (J.C. Upadhyaya, J.) binoy