2020 (2) TMI 677

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....ct Court No.27, Ahmedabad in Criminal Case No. 1303 of 2013 as well as judgment and order dated 06.08.2019 passed by learned Additional City Sessions Judge, Court No.16, Ahmedabad City, Ahmedabad in Criminal Appeal No. 29 of 2018. 2. The facts of the present case are summarized as under: The original complainant-respondent No.2 is doing business of making golden ornaments under the name and style of Shree Navrang Jewellers at Bapunagar, Ahmedabad as well as accused-applicant is doing business under the name and style of Jay Jagdamba Jewellers. During their business transaction, accused had given the order of ornament to the tune of Rs. 3,16,972/- and in this connection the complainant had prepared ornaments thereof and that ornaments were....

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....espondent no.2, wherein the respondent no.2 has stated that he has received amount of Rs. 2,00,000/- in cash as full and final settlement and he has no objection if the orders passed by the courts below would be quashed and set aside. An Affidavit along with xerox copy of Aadhar Card of the respondent no.2, which are taken on record. Learned advocate for the respondent No.2 has filed his Vakalatnama before the Registry on behalf of the respondent No.2 as per the order dated 24.10.2019. 4. Learned APP for the respondent-State has requested to pass necessary order in this matter. 5. Having considered the facts of the case and submissions made by learned advocates for the respective parties as well as learned APP for the respondent-State a....

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....tion 147) and the primary object underlying Section 138, in our judgment, there is no reason to refuse compromise between the parties. We therefore dispose of the appeal on the basis of the settlement arrived at between the appellant and the respondent." 7. Applying the ratio of the aforesaid decision of the Apex Court to the facts of the present case as well as considering the settlement arrived at between the parties, I am of the opinion that the revision application is required to be allowed and the parties be permitted to compound the offence. 8. In the result, the revision application is allowed. The impugned impugned judgment and order dated 09.01.2018 passed by learned Additional Chief Metropolitan Magistrate, Negotiable Instrume....