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CR.RA/336/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 336 of 2010
=========================================================
VIRENDRA
RATANLAL GANDHI - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
EE SAIYED for Applicant(s) : 1,
MR MAULIK NANAVATI, APP for
Respondent(s) : 1,
C.M.JOSHI, for Respondent(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 03/08/2010
ORAL
ORDER
Learned
advocates appearing for the parties stated that all issues have been
resolved between the parties. The petitioner is facing conviction
for offence under Section 138 of N.I.Act. Affidavit of respondent
No.2 supporting this settlement is produced on record.
Counsel
for the petitioner stated that two different cheques for an amount
of Rs.2 Lacs was payable to the complainant. The petitioner has paid
the entire amount with interest and other additions. In view of the
decision of the Apex Court reported in 2010 (4) Scale 568 between
Damodar S.Prabhu V/s. Sayed Babalal H. in such case while accepting
the compromise, it is still necessary to impose cost, which in the
present case, I quantify 15% of the cheque amount.
In view of the
fact that the complainant is also received sizable amount over and
above cheque amount itself, such cost shall be borne equally by both
the sides.
In
the result, while setting aside the conviction and sentence recorded
by both the Courts below, i.e. judgment and order passed by the
learned Additional Senior civil Judge, Vadodara in Criminal Case
No.673 of 2000 and judgment and order passed by the learned
Additional Sessions Judge in Criminal Appeal No.88 of 2008, it is
directed that the petitioner as well as respondent No.2 shall
deposit Rs.15,000/- each with the State Legal Services Authority
latest by 20th August, 2010.
The
amount of Rs.50,000/- stated to be lying with the High Court
Registry shall be returned to the petitioner with accrued interest,
if any.
Accordingly,
present petition is disposed of. Direct service.
(AKIL
KURESHI, J.)
(ashish)
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