CR.RA/238/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL REVISION APPLICATION No. 238 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================================= 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 ? ========================================================= JASHWANTLAL @ JASHUBHAI PANCHAL - Applicant(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR MAHESH BHAVSAR for Applicant(s) : 1, MR KC SHAH APP for Respondent(s) : 1, MR RJ GOSWAMI for Respondent(s) : 2, ========================================================= CORAM : HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 11/04/2008 ORAL JUDGMENT : 1. Rule. Learned advocate Mr. R.J.Goswami waives service of notice of Rule on behalf of the respondent No. 2. 2. In the facts and circumstances of the case and with the consent of the learned advocates for CR.RA/238/2008 2/3 JUDGMENT the parties, this revision application is taken up for final hearing today. 3. The original complainant has filed compromise pursis dated 11-4-2008. The document is ordered to be taken on record. 4. It appears from the compromise pursis that the respondent No. 2 – original complainant has received cheque amount from the petitioner which was the subject matter of the offence and therefore the judgment and order of conviction and sentence passed by the trial court and confirmed by the lower appellate court is required to be quashed and set aside and the petitioner is required to be acquitted of the offence punishable u/s 138 of the Negotiable Instruments Act. 5. The respondent No. 2 – original complainant is present and admits having signed the compromise pursis. She is identified by learned advocate Mr. R.J. Goswami. 6. It is stated by the respondent No. 2 – original complainant that she has signed the compromise pursis out of her free will and without fear, undue influence or coercion and CR.RA/238/2008 3/3 JUDGMENT the dispute is settled as per the compromise pursis and has compounded the offence punishable u/s 138 of the Negotiable Instruments Act. 7. It appears that the the respondent No. 2 – original complainant has executed the writing out of her free will and without fear, undue influence or coercion. 8. In view of above, compromise is accepted and the judgment and order of conviction passed by learned Metropolitan Magistrate, Court No.13, Ahmedabad on 6-3-2007 in Criminal Case No. 2667 of 2004 and confirmed by learned Addl. Sessions Judge, Court No.4, Ahmedabad City on 13-3-2008 in Criminal Appeal No.34 of 2007 is quashed and set aside. The petitioner is acquitted for the offence charged against him. Fine, if paid, be returned to the petitioner. Rule is made absolute to the aforesaid extent. D.S. is permitted. (Bankim N. Mehta, J.) /JVSatwara/