2022 (1) TMI 1003

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.... file her Vakalatnama before the Registry. Registry shall accept the same. 2. Rule returnable forthwith. Ms. Palak Jadeja, learned advocate waives service of notice of rule for and on behalf of the respondent No. 1 and Mr. Hardik Soni, learned APP waives service of notice of rule for and on behalf of the respondent-State 3. The applicant has preferred this application seeking condonation of delay of 120 days occurred in preferring Restoration Application in Criminal Revision Application No. 822 of 2016 4. Having heard Mr. Vicky B. Mehta, learned advocate for the applicant; Ms. Palak Jadeja, learned advocate for the respondent No. 1 and Mr. Hardik Soni, learned Additional Public Prosecutor for the respondent - State and having gone throug....

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.... for and on behalf of the original complainant and sought permission to appear on behalf of the original complainant. Permission; as sought for; stands granted. She shall file her Vakalatnama before the Registry. Registry shall accept the same. 11. Rule returnable forthwith. Ms. Palak Jadeja, learned advocate waives service of notice of rule for and on behalf of the respondent No. 1-original complainant and Mr. Hardik Soni, learned APP waives service of notice of rule for and on behalf of the respondent No. 2-State. 12. By way of present application, applicant-original accused has prayed to quash and set aside judgment and order dated 1.8.2014 passed below Exh. 100 in Criminal Case No. 600 of 2010 by learned Judicial Magistrate First Clas....

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.... of Negotiable Instrument Act, learned APP for the respondent-State has requested not to quash the impugned judgments and orders. 16. Learned advocate for the respondent no. 1 has submitted that compromise has been arrived at amicably between the parties and in this connection, the respondent No. 1 namely Jamesh Manilal Rathod has filed affidavit and submitted that he has no objection if the order of sentence passed on 1.8.2014 below Exh. 100 in Criminal Case No. 600 of 2010 by learned Judicial Magistrate First Class, Mahemdabad as well as judgment and order dated 30.5.2016 passed below Exh. 32 in Criminal Appeal No. 67 of 2014 by learned Sessions Judge, Kheda-Nadiad is quashed and set aside by this Court, as respondent No. 1 has received ....

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.... the proceedings has started. Since the deponent has received the entire amount of cheque in question amounting to Rs. 1,60,000/-, the deponent herein has no objection if the delay is condoned and the revision application of the petitioner is restored as well as the deponent has no objection if the revision application of the petitioner is allowed and the judgment and order passed by learned JMFC, Mahemdabad, District Kheda in Criminal Case No. 600 of 2010 dated 1.8.2014 as well as the judgment and order passed by the appellate Court dated 30.5.2016 passed in Criminal Appeal No. 67 of 2014, by the learned Principal District & Sessions Judge, Kheda at Nadiad, both are quashed and set aside and the applicant is set free. 7. The deponent sta....