1. Heard Mr. Maulik G. Nanavati, learned advocate for the applicant, Mr. Rajesh K. Kanani, learned advocate for respondent No.1 and Ms. Moxa Thakkar, learned APP for respondent No.2 – State.
2. Present application is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for quashing and setting aside Criminal Case No.298 of 2012 filed by respondent No.1 in the Court of JMFC, Talala for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and also for quashing the order dated 30.7.2012 passed by the JMFC, Talala issuing process on the said complaint.
3. As can be seen from the record of the application and the submissions made by Mr. Nanvati, learned advocate for the applicant and Mr. Kanani, learned advocate for respondent No.1, the amount of Rs.1,50,000/ which was due and payable by the applicant was paid initially by the applicant by cheque No.528601 dated 31.5.2012 which came to be deposited by respondent No.1. However, the said cheque came to be dishonoured because of insufficient funds in the account of the applicant. It reveals from the record that a statutory notice came to be issued by respondent No.1 dated 5.7.2012 which was received by the applicant and vide reply dated 18.7.2012, the applicant informed respondent No.1 that because of unavoidable circumstances, the balance could not be maintained in the said account and as now there is sufficient balance, the said cheque may be deposited.
4. Today, during the course of hearing, Mr. Kanani, learned advocate for respondent No.1 states that respondent No.1 has received a demand draft in original amounting to Rs.1,50,000/, photo copy of which is annexed as AnnexureP5 to this application. Mr. Kanani, on instructions from respondent No.1, who is personally present in the Court, states that respondent No.1 does not intend to prosecute the complaint any further in view of the fact that an amount of Rs.1,50,000/ is already paid, as aforesaid.
5. Ms. Moxa Thakkar, learned APP states that as it is a private dispute between the applicant and respondent No.1, appropriate orders be passed.
6. Considering the aforesaid, it appears that any further proceedings in Criminal Case No.298 of 2012 would be unnecessarily harassment upon the applicant and therefore, the application deserves to be accepted.
7. In view of the above, considering the fact that the further proceedings may amount to abuse of process of law and Court, this application is accepted. Accordingly, Criminal Case No.298 of 2012 pending before the Court of JMFC, Talala filed by respondent No.1 is hereby quashed and set aside and the consequent orders passed upon the said complaint are also hereby quashed and set aside. Rule is made absolute accordingly in the above terms.
mrpandya (R.M.CHHAYA, J.)