[1.0] Present Criminal Miscellaneous Application under Section 482 of the Code of Criminal Procedure, 1973 has been preferred by the applicants - original accused to quash and set aside the impugned complaint being Criminal Case No.1349/2009 pending in the Court of learned Metropolitan Magistrate (NI Act) Court, Ahmedabad for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as NI Act).
[2.0] Today, when the application is taken up for final hearing, Shri U.M. Shastri, learned advocate appearing on behalf of the applicants - original accused as well as Shri A.R. Gupta, learned advocate appearing on behalf of respondent No.1 - original complainant have stated at the Bar that parties have settled the dispute amicably and even the original complainant is to withdraw the Criminal Case No.1349/2009 pending in the Court of learned Metropolitan Magistrate (NI Act) Court, Ahmedabad. Shri A.R. Gupta, learned advocate appearing on behalf of the original complainant has stated at the Bar that Criminal Case No.1349/2009 pending in the Court of learned Metropolitan Magistrate (NI Act) Court, Ahmedabad shall be withdrawn by respondent No.1 - original complainant within a period of three weeks from today. Respondent No.1 - original complainant has directed to act as stated herein above and to withdraw the Criminal Case No.1349/2009 as stated herein above.
[3.0] In view of the above, Shri Shastri, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present application.
[3.1] Permission is, accordingly, granted. Present Criminal Miscellaneous Application is dismissed as withdrawn with a liberty in favour of the applicants to revive the application in case of difficulty. Rule is discharged. Ad-interim relief granted earlier stands vacated forthwith.
(M.R.
Shah, J.) *menon Top