Heard the party-in-person.
It is submitted that, basically, the dispute is arising out of a commercial transaction and the petitioner has substantially paid the amount and, with reference to the charge-sheet about 16 uncleared cheques, even as per the statement of Rajshreeben, widow of Sunilbhai Ramchandra Purandhareni, 12 cheques for Rs.15 lakhs were cleared and four cheque, according to her, were not dishonoured but, at the same time, in respect of about eight other cheques, the proceedings are pending under the Negotiable Instruments Act. It is also submitted that, after the order dated 21.12.2011 was passed by this Court [Coram: M.R. Shah, J.] in Criminal Misc. Application No.8066 of 2011 by not accepting the case for the petitioner for the prayer to exercise powers under Section 482 of the Code, there is noticeable change during the course of investigation.
Considering the above, issue notice returnable on 13.6.2012.
Ad-interim relief in terms of paragraph 20B.
Learned APP waives service on behalf of the State.
Direct service is permitted qua the private respondent.
(ANANT S. DAVE, J.) (swamy) Top